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Proceedings 

OF A 

GENERAL COURT-MARTIAL, 

HELD AT 

Brunswick, in the State of New-Jersey, 

BY ORDER OF 

HIS EXCELLENCY GEN. WASHINGTON, 

COMMANDER-IN-CHIEF OF THE ARMY OF THE UNITED 
STATES OF AMERICA, 

FOR THE TRIAL OF 

July 4TH, 1778. 
MAJOR-GENERAL LORD STIRLING, President. 



New York: 

PRIVATELY REPRINTED 

I 864. 










Edition ioo copies B 

: " Ro\.. 

6 " 4:0. 



J?o. 3 



7. 




i . M . BltADSTRKET & Son, Printei 



PROCEEDINGS 



OF A 



GENERAL COURT MARTIAL. 



Major-Genera] Lord STIRLING, President. 



Brigndier-General SMALLWOOD, 
Brigadier-General l'< (OR, 
Brigadier-Genera] WOODFORD, 
Brigadier-General HUNTINGDON, 
Colonel li:Vl\l 
Colonel SHEPARD, 



Colonel SWIFT, 

Colonel W [GGLESWORTH, 

Colonel A.NGEL, 

Colonel CLARKE, 

Colonel WILLIAMS, 

Colonel FEBIGER,— Member*. 



JOHN LAWRENCE, Judge Advocate. 

f|MlE Judge Advocate produces the General's Orders 
-*~ for the Court to set, which being read, are as fellows: 

Bead-Quarters, Spotswood, Julj 1, 177S. 
A GENERAL Court Martial, whereof Lord Stirling is 
appointed President, will set in Brunswick to-morrow, (the 
hour and place to be appointed by the President,) for the 
trial of MAJOR-GENERAL LEE. Brigadier-Generals 
Smallwood, Poor, Woodford, and Huntingdon, and Colonels 
Grayson, Johnson, Wigglesworth, Febiger, Swift, Angel 

Clarke, and Williams, are to attend as Members. 

1 



Head-Quarters, Brunswick, July 2, 1778. 
THE General Court Martial ordered to set this day for 
the trial of Major-General Lee, will set to-morrow at eight 
o'clock, at the house of Mr. Voorhees, in the town of New- 
Brunswick. Members the same as yesterday, except Colonel 
Shcphard vice Colonel Johnson. 

Head-Quarters, July 8, 1778. 
THE General Court Martial, whereof Major- General Lord 
Stirling is President, will assemble to-morrow morning, at 
the time and place mentioned in yesterday's orders. Mem- 
bers the same as heretofore mentioned, except Colonel 
Irvine vice Colonel Grayson. 

JULY 4th. 

The President, Members, and Judge Advocate being 
sworn : The Judge Advocate prosecuting in the name of 
the United States of America, the Court proceed to the 
trial of Major-General Lee, who appears before the Court, 
and the following charges are exhibited against him : 

First: For disobedience of orders, in not attacking the 
enemy on the 28th of June, agreeable to repeated instruc- 
tions. 

Secondly: For misbehavior before the enemy on the 
same day, by making an unnecessary, disorderly, and shame- 
ful retreat. 

Thirdly: For disrespect to the Commander-in-Chief, in 
two letters dated the 1st July and the 28th of June. 

Major-General Lee pleads Not Guilty. 

Brigadier-General Scott being sworn: 

Q. Did you hear General Washington give General Lee 
any orders the '27th of June? 



A. I was sent for to head-quarters early in the afternoon 
of the 27th of June. I heard General Washington say in 
presence of General Lee, the Marquis de La Fayette, 
General Maxwell, and myself, that he intended to have the 
enemy attacked the next morning, or words to that effect, 
by the troops under the command of General Lee ; and 
he desired General Lee to call the general officers together 
that afternoon to concert some mode of attack. General 
Lee appointed the time at half-past five, but before the 
officers met General Lee had rode out. I fell in with Gen- 
eral Lee that evening, and told him that I had waited on 
him, and asked him if he had any orders ? General Lee 
said he had none, but said we should not be disputing 
about rank or what part of the line we should march in. 

Q. Did you hear General Washington, on the 27th of 
June, positively order General Lee to attack the enemy 
the next morning ? 

A. I cannot say that it was a positive order, but it did 
not admit of a doubt with me, but that he meant that 
General Lee should attack the enemy the next morning. 

General Lee's question.— Lid you conceive General 
Washington's orders, or the spirit of them, were to attack 
the enemy at all events, whatever might be their situation 
or their force, whether, for instance, it consisted of such a 
body as General Washington's intelligence announced, that 
is, of a slight covering party, or whether of the greater 
part of the flower of their troops, as it turned out, or 
whether of the whole body of the British army ? 

A. I do not know what intelligence General Washington 
had, but I understood we were to have attacked the enemy 
at all events. 

General Lee's question. — Lid you conceive that his Ex- 



celleucy's orders restricted rue in my manoeuvres, whether 
I was prohibited from mancevering retrograde or forward, 
as the face of affairs demanded, or whether I was abso- 
lutely enjoined, by my instructions, to march forward, or, 
at least, to remain on the very ground that the attack 
should happen to commence, in spite of all considera- 
tions ? 

A. I conceived you were to proceed on, and wherever 
you met with the enemy to take the earliest opportunity to 
attack them. 

Brigadier-General Wayne being sworn : 

Q. Did you hear General Washington give General Lee 

any orders the 27th of June respecting his attacking the 
enemy ? 

A. General Washington called upon General Scott, Gene- 
ral Maxwell and myself the 27th of June, to come for- 
ward to the place where he and General Lee were talking; 
and there recommended to us to fall upon some proper mode 
of attacking the enemy next morning. I did not hear Gene- 
ral Washington give any particular orders for the attack, 
but he recommended that there should he no dispute in re- 
gard to rank, in ease of an attack, that as General Maxwell 
was the oldest, he of right would have the preference, hut 
that the troops that were under his command, were mostly 
new levies, and therefore not the proper troops to bring 
on the attack; he therefore wished that the attack might 
be commenced by one of the picked corps, as it would 
probably give a very li; ppy impression. I do not recollect 
anything more having been said there upon the subject, but 
General Lee appointed the Generals who were there, to 
meet at his quarters about five o'clock in the afternoon, 



which I understood was for the purpose of forming a plan 
of attack on the enemy, agreeable to the recommendation of 
General Washington. 

Q. Did you hear General Washington the 27th of June 
give General Lee a positive order to attack the enemy the 
next day '.' 

A. 1 heard no more than what 1 have mentioned, but 
understood from it, that General Lee was to attack the 
enemy. 

Q. By the Court. — Did you meet at General Lee's 
quarters to concert a plan of attack, or was there a plan 
of attack concerted, agreeable to the recommendation of his 
Excellency, anytime previous to the attack? 

A. At the hour appointed I met with the Marquis de 
La Fayette and General Maxwell, at General Lee's quarters. 
General Lee said he had nothing further to recommend, than 
that there should be no dispute with regard to rank, in 
of an attack, for he might probably order on either 
the right or the left wing, and he expected they would 
obey; and if they conceived themselves aggrieved, to 
complain afterwards, and that he had nothing further to say 
on the subject, but that the troops were to be held in 
readine.-> to move at a moment's warnii g. 

General Lee's question. — Do you recollect my giving 
you some reasons for not arranging a mode of attack ? 

A. Wln-n you mentioned you had nothing further to say 
on the subject, you said that the position of the enemy 
might render any previous plan invalid, or words to that 
purpose. 

General Lee's question. — The same a.- his first in General 
Scott. 

A. 1 understood that we wire- to attack the enemy on their 



march, at all events, and that General Washington would be 
near us to support us with the main army. 

General Lee's question. — The same as his second to 
General Scott. 

A. I understood we were to attack them, but as I heard 
no particular orders that were given you, but what I have 
mentioned, I knew of no restrictions in regard to your 
manoeuvres. 

General Lee's question. — Did General Washington's con- 
versation with me, convey the idea that it was his inten- 
tion to bring on a general action of the two whole armies 
by my attack ? 

A. The idea I conceived from General Washington's con- 
versation was, that we should attack the enemy, and that he 
should be near to support us with the main body of the 
army, which, in its consequences, must, if we were pushed, 
inevitably, I think, have brought on. a general action. 

Lieutenant-Colonel Fitzgerald being sworn : 

Q. Lid you carry General Lee orders from General 
Washington the 27th of June respecting General Lee's 
attacking the enemy next day ? 

A. In the afternoon of the 27th, as General Washing- 
ton was returning from English-Town to his quarters, after 
we had crossed the brook and were rising a little ascent, 
where General Lee's troops were stationed, General Wash- 
ington ordered me to go to General Lee and tell him that 
it was his desire that he should draw up his troops on that 
ground in such a manner as if he was to receive an attack, 
or expected one ; that, though he did not think it very proba- 
ble that the enemy would make any attack upon him, yet, 
from the nearness of their situation, it was by no means 



9 



impossible, he therefore wished him to run no risk, and 
that the officers and men should remain on their arms all 
night. General Washington said, you will also tell him, 
when you and the general officers, who I suppose may be 
now with him, have concerted measures for the attack, he 
will immediately send to General Dickinson and Colonel 
Morgan to let them know what parts they have to act. I 
accordingly went to General Lee's quarters, where I saw 
the Marquis de La Fayette, General Maxwell, and General 
Wayne, to the best of my recollection. I called General 
Lee out and delivered him the above order as nearly as I 
could. General Lee told me that when the troops had 
marched to that ground they were so exceedingly fatigued 
that he thought it a pity to add to it by any immediate 
movement ; but that before night he would put them in the 
best position in his power to receive an attack; that, from 
his personal knowledge of General Clinton, Lord Cornwallis, 
and Sir William Erskine, he thought it highly probable they 
might turn about and make a stroke at them ; and that if he 
had not been personally acquainted with them, he would 
have expected it from them as officers ; that he had just 
sent Mr. Mercer off to General Dickinson, but did not know 
where Colonel Morgan was. 

Lieutenant-Colonel Meade being sworn : 

Q. Did General Washington send you with orders to 
General Lee the 28th of June ? 

A. On the morning of the 28th of June, General Wash- 
ington was informed by General Dickinson that the enemy 
had left their ground, and were on their march. General 
Washington immediately ordered (he troops with him to be 
put in motion, and desired me to go immediately to General 



10 



Loo and inform him of it. to put the troops under his com- 
mand in motion, leaving their parks behind, to follow the 
ononi v, and bring on an attack as soon as possible. 1 think, 
as well as I remember, 1 observed to General Washington 
that some circumstances might make it improper. General 
Washington observed that then' might be Bomu powerful 
reasons, but seemed exceedingly anxious to bring on an 
attack, and desired me to tell General Loo to bring on an 
attack, and that ho would be up to support him, as he had 
ordered his troops to be put in motion. I proceeded to 
the ground where General Loo had encamped, found that ho 
had marched and loft his packs behind; 1 kept on and over- 
took the front of his column, advanced some distance beyond 
English-Town, where they had halted. I asked some officer 
the cause, hut was answered that ho conld give no reason 
for it." Shortly after 1 mot Captain Mercer, one of Genera] 
Lees aids, who told mo. if 1 remember right, that the 
enemy had not left the ground. 1 proceeded and mot Gene- 
ra] Lee — told him that I had come to him with orders from 
Genera] Washington, but as the enemy remained on the 
ground, it would be needless to deliver the orders 1 had for 
him. Genera] \a>c exclaimed against the intelligence thai 
himself and General Washington had received, and said 
that he (General Lee) had advanced a body o\' troops that 
he thought iii danger; and that he had sent hark to Gene- 
ral Wayne to take the command of thorn. During that 
time, Captain Walker, one of Baron Steuben's aids, came 
up, who informed Genera] Loo that the enemy had not left 
the "round; General Loo did not seem to credit it till it was 
repeated frequently by Captain Walker. 1 then told Gene- 
ral Loo that General Washington had desired ho would put 
his troops in motion, and leave his packs behind. T then 



11 



told him that General Washington had ordered the troops 
under his command to be put in motion immediately, and 
that Genera] Washington desired be would bring on an en. 
gagement, or attack the enemy as soon as possible, unless 
some \er\ powerful circumstance forbid it, and that General 
Washington would soon be up to his aid. 

Genera] Lee's question. — I > i « 1 yon perceive by my man- 
ner, language or countenance, any disposition to litigate or 
chicane General Washington's ciders, further than might 
arise from tlie distraction which such a variety of positive 
contradictory, and equal!} authentic intelligence might have 
occasioned ' 

A. I have no reason to determine from what 1 saw, that 
you were willing or unwilling to execute General Washing- 
tun's order. You exclaimed against t lie contradictory intel- 
ligence that you had received. 

General Lee's question. — Did you conceive General 
Washington's orders were, or the spirit of them, to bring 
on a general action at all events of the two whole armies? 

A. General Washington, I think, was anxious to bring on 
a general engagement between the two armies. 

Lieutenant-Colonel Hamilton bcintj; sworn : 

Q. Did you deliver General Lee any orders from General 
Washington the 27th or 28th of June, respecting his attack- 
ing the enemy 1 

A. I wrote General Lee a letter the evening of the 27th 
of dune, by Genera] Washington's order, a copy of which I 
have not; but il a as conceived in the spirit, as I understood, 
of former orders that had Keen given by him to General Lee, 
and was occasioned by an apprehension (as declared to me 
by General Washington) that, the enemy might move oif 



12 



cither at night or very early in the morning, and get out of 
our reach, so that the purpose of an attack might be frustra- 
ted. To remedy this, the order directed that General Lee 
should detach a party of GOO or 800 men to lie very near 
the enemy as a party of observation, in case of their moving 
off to give the earliest intelligence of it, and to skirmish 
with them so as to produce some delay, and give time for 
the rest of the troops to come up. It also directed that he 
should write to Colonel Morgan, desiring him (in case of the 
enemy being on their march) to make an attack on them in 
such a manner as might also tend to produce delay, and yet 
not so as to endanger a general rout of his party, and dis- 
cpialify them from acting in concert with the other troops 
when a serious attack should be made. This, I understood 
from General Washington, was in pursuance of his intention 
to have the enemy attacked, and conformable to the spirit 
of previous orders he had given General Lee for that pur- 
pose. This letter was sent off by a lighthorseman, and the 
foregoing is the purport of it to the best of my recollection. 

General Lee's question. — What hour was the letter sent 
off to me ? 

A. It was rather late in the evening. I went to bed soon 
after. 

Captain Mercer being sworn : 

Q. What hour was the letter received from Colonel Ham- 
ilton by General Lee ? 

A. To the best of my recollection it was past one o'clock 
in the morning of the 28th of June. 

Captain Edwards being sworn : 

Q. What hour was the letter received from Colonel Ham- 
ilton by General Lee ? 



13 



A. When the express came I got up and looked at the 
watch, and think it was near two o'clock by the watch ; I 
then immediately wrote to Colonel Morgan, General Dick- 
inson and Colonel Grayson to comply with the contents of the 
letter that General Lee received from Colonel Hamilton, 
and sent off the lighthorsemen to them. 

Q. to Colonel Hamilton. — Did you conceive General 
Washington's orders, or the spirit of them, to General Lee, 
were to attack the enemy at all events? 

A. I do not. I can't conceive that General Washington could 
mean to give orders so extremely positive, hut that circum- 
stances, which had been unforeseen, might arise, to leave the 
officer, who had the execution of them, liberty to deviate ; 
but, from everything I knew of the affair, General Wash- 
ington's intention was fully to have the enemy attacked on 
their march, and that the circumstances must be very ex- 
traordinary and unforeseen, which, consistent with his wish, 
could justify the not doing it. 

General Lee's question to Colonel Hamilton. — Did you, 
either by letter to me, or in conversation with me, commu- 
nicate this idea of General Washington's intention as fully 
and clearly as you have done it to the Court ? 

A. I do not recollect that I ever did. 

T 

General Lee's question. — Was your idea of General 
Washington's intention that I should attack the enemy, had 
I found them in the situation which General Dickinson's 
intelligence assured me they were ; that is, the whole ar- 
ranged in order of battle, at or near the Court-house ? 

A. I knew nothing of General Dickinson's intelligence ; 
but were the enemy's whole army drawn up in order of 
battle near the Court-house, I do not conceive it was Gene- 



14 



ral Washington's intention to have them attacked by your 
detachment. 

The Court adjourn till to-morrow morning at 8 o'clock. 



-ILLY 5th! 

The Court met according to adjournment. 

The Marquis de La Payette being sworn : 

Q. Were you with the troops under the command of 
General Lee the :28th of June? 
A. I was. 
Q. Did the troops under the command of General Lee 

make any attack on the enemy the "J^th of June ? 

A. I went to General Lee in the afternoon of the 27th o\' 
June, and told him I wanted to he with him the next day : 
he answered he was very glad of it. I asked General Lee 
if he had made any previous disposition of the troop.-.. 
General Lee answered that he thought it would he better 
for the service to act according to circumstances. The 
morning of the 28th I sent at four o'clock to General Lee's 
quarters, to know if there was anything new; the answer 1 
received was that one brigade was already marching. As I 
considered myself as a volunteer, I asked General Lee what 
part of the troops 1 was to he with ! General Lee said, if 
it was convenient to me, to be with the selected troops. 1 
put myself with them, in full expectation that these troops 
would act and he opposed to the British grenadiers. When 
we were on the march, having marched about one mile. 
General Lee sen: ord rs to halt. I Stopped sometime; hut 
being very impatient, 1 went to General Lee to know what 
was the matter. lie a iswered, that all the intelligence did 
not agree together; and by his answer I saw that he could 



15 



not be assured that the enemy were marching However, 
after some time, we began to march again; we halted once 
more, and, I think, because General Lee received intelli- 
gence that the enemy were close by ; and I saw some light- 
horse of the enemy towards Monmouth Court-house. I sent 
my Aid-de-Camp to Genera] Lee, to represenl to him that 
the place where I was, the cannon and the troops were in a 
hole, in which it was impossible for us to do anything; Gene- 
ral Lee answered that he did not care for that moment, but 
that he would provide for it. On the march, some troops 
were taken from General Wayne's detachment to go forward; 
and, as I was afraid of losing the opportunity of meeting 
the enemy, I desired General Foreman to point out to the 
detachment taken from General Wayne's detachment, a 
short road to go forward. Afterwards I marched again, and 
1 saw one of General Lee's aids, who told me thai the rear 
guard of the enemy was ours; and General Lee himself, 
some time after, told me something like it in less positive 
terms. lie desired me to tell at tin; head of Wayne's divi- 
sion, where Colonel Livingston's regiment was, to file oil' 
along the wood; and, upon my representation that (he can- 
non could not pass, he told me that the cannon could go 
along the road. Some moments after General Lee told me 
that those should go along a fence that was upon our right- 
An Aid-de-Camp from General Lee told me that the enemy 
were gaining our right, and that T should prevent them by 
gaining their left. T went to General Lee, and 1 understood 
it was his intention. Then I found one of the columns under 
the lire of the enemy's artillery almost before the front I 
told Colonel Livingston, that, as soon as the other columns 
would form on my right, ratEer than to stay there still, it 
was better to go to take the enemy's batteries that were be- 



16 

fore us. 1 was surprised, then Looking baok, to aee some of 
our troops forming towards the village of Freehold, ;is they 
were behind me. 1 was then told that the troops had been 
ordered to form there l'\ General Lee, and supposed it was 
mi aooounl of the openness oi' the field, or the fear of being 
turned in Bank, I rode, myself, to General Lee when 
Colonel Livingston was retiring; 1 found Genera] Lee to- 
wards the village giving orders that the troops should take 

post farther baok, and disposing some o\' them in the woods 

to anno\ the enemy : then 1 saw all the eolumns of our 
troops going that way : 1 was then afraid, as these with 
whom 1 was were not going \er\ fast, that the enemy would 
point some hatler\ towards them. (leueral Lee began to 
form some troops in thai new position, ami told me that 1 

should take care of their right : then it was told to General 
Lee that some of the enemy were filing by their left, and 
General Lee ordered a new position to he taken back, and 

the cannon to be removed. While this was doing General 
Washington arrived. Afterwards I aoted 1>\ direotion of 
General Washington, and went to the command of the 
seoond line. 

Q, Did the troops under the command of General Lee, 
to your knowledge, make any attack on the enemy on the 
28th o\' dune ! 

\ I cannot say that 1 saw them make any attack on the 

enemy; 1 saw them setting out for that purpose, and 1 heard 

some noise of cannon; but cam ot tell from which party they 
were tired. 

Q Were you with General Lees troops from the time 
they set out to attack the enemy to the time the\ returned 

A. 1 was with General Lee's troops until General Wash- 



17 



ington came up. At that time I was remaining with a very 
small part of General Lee's troops. 

General Lee's question, — If any attack had been made on 
the enemy, were yon in a position that you could have seen 
it? 

A. No. 

General Lee's question. — From what you saw, and from 
everything that was done, had you not the greatest reason 
to conclude we either had attacked or put ourselves into 
such a situation to bring OH their attack? 

A. By what Mr. Malmedie told me, and you afterwards, 
my idea of the matter was such that you wanted to cut off a 
small part of the enemy's rear, and that nothing was to be 
feared but to lose time or ground ; but that your intention 
was to cut off that part T could not judge but by what yon 
said to me. 

General Lee's question. — Lid I not direct you to move 
with your corps towards the enemy in one particular direc- 
tion, at the same time that I did another corps across a 
wood ? 

A. I received such orders for myself, but I know nothing 
about any orders the other corps received. I saw some 
other troops marching through the woods. 

General Lee's question. — Do you recollect the particular 
words I made use of when I spoke of the party being 
ours? 

A. The words were: My dear Marquis, I think those 
people are ours. 

General Lee's question. — Did you observe in my voice, 
manner, appearance, air or countenance, that I was in the 
least disconcerted, or whether, on the contrary, I was not 
tranquil and cheerful ? 



IS 



\ It seemed to me by your voice and features you won 1 
then as you are in general. 

l v ). What number of troops inarched oul under the com- 
mand of Genera] Loo the 28tb of Juno to attack the 
enemy ! 

A. About thirty-three hundred, exclusive of Colonel 
.hicks. his regiment, and Genera] Varnum's and Scott's 
brigades. 

Q. What troops marched in front .' 

A. The troops under the command of Colonel Durgee 
and Colonel <! rayson. 

Q. 1 > i 1 1 you receive any orders from Genera] Loo to ad- 
vance and attack the enemy with your detachment, or did 
you receive any orders from General Lee to retreal 

A. I reoeived an order from Genera] Lee to gain the left 
flank of tin- enemy. 1 was told that the orders for retreat- 
ing came officially from General Leo ; when I arrived at 
Freehold, General Lee did uot disapprove of it. All the 
other orders for retreating came from General Lee. 

Question by the Court. — Were the several oorps (hat you 
have mentioned disposed so as to net collect i\ elv in support 
of each other; or were the\ separated by detachments .' 

A. When 1 was in the woods 1 could not see anything ol' 
the disposition. The part of the column 1 did sec was 
together; for in the Held I did not perceive any general 
compact plan, ami the disposition at large, oi' General Lee, 
was not communicated to me. 

Q. Did you gain the enemy's flank before you retreated .' 

A. 1 was going to do it. though I found there was not :i 
good deal of time for doing it : hut when 1 was at about the 
fourth part of what was necessary to he done, 1 saw that 
the other troops were going towards the village. 



19 



Q. Did you understand by their going towards the village 
that they were retreating ? 

A. I understood they were taking back a better position 

Q. When you retreated what distance were you from the 
enemy ? 

A. I was leading the column the nearest to the enemy, 
and there we had some killed by cannon shot. 

Q. Could you estimate the number of the enemy from 
their appearance ? 

A. I could not see all, but I thought I saw about twelve 
hundred of them ; their horse were covering their front. 

Q. Were the enemy in motion at that time ? 

A. The enemy were marching towards us, and they were 
likely to make that movement which they make in all their 
actions to give jealousy to our right and left flank. 

General Lee's question. — Did you not express your ap- 
prehension for our right flank ? 

A. I told you that there was a gentleman who had seen 
some troops going that way, and I told you to take care 
of it, 

General Lee's question. — When you said you did not ob- 
serve any compact plan, did you mean that the artillery did 
not, except when it was prevented by accidents, such as 
ammunition being expended or horses killed, support the 
battalions, and the battalions the artillery, with more 
regularity than could be expected in manoeuvres of this 
kind 1 < 

A. My meaning was, that I did not see what was the dis- 
position of the several corps. I did find some want in the 
artillery, but that might be owing to accidents. 

General Lee's question. — Did I not express an intention 

of taking post in the rear of the ravine that crossed the plain, 

3 



20 



and for this purpose did I not detach you with a body of 
troops to take post in the village of Freehold, to see if the 
village would not cover our wing ? 

A. You pointed out to me the particular direction where 
the troops should go ; you had told me a moment before to 
take care of the right, and I understood it was in case we 
should have taken a position on that spot. 

General Lee's question. — When you had reconnoitered the 
village of Freehold, did you find it afforded the security that 
was expected? 

A. I found that the village did not answer any material 
purpose. 

General Lee's question. — Did I give you any reason to 
suppose that the principle of our retrogade manoeuvres was 
founded on an apprehension of being pressed and beat in 
front, so much as it was founded on that of having our flanks 
turned ? 

A. I did not know what was your principle. The only 
reasonable principle to suppose was this, of having your 
flanks turned. 

General Lee's question. — Did you not observe in these 
retrograde manoeuvres, that the different eminences through 
the extent of country, from Freehold to the eminence where 
General Washington had taken place, were all in favor of 
the enemy, so that the eminence on the enemy's side com- 
manded the eminence on ours ? 

A. I did not remark that ; but in some places the want 
of cannon was complained of. 

General Lee's question. — What authority had you to sup- 
pose that the Aid-de-Camp, who you were told brought 
orders from me to move back your corps as you were ad- 
vancing towards the enemy, was sent by me ? 



21 



A. I was told so, but I cannot say by whom, and as I 
had only one battalion in the field, and the others had re- 
treated to Freehold, where you were, I thought that such an 
order was coming of course. I cannot answer so well of 
the motion of the troops, as there was a great confusion and 
contrariety in the orders, and a complaint amongst the troops 
on account of it. 

Q. Did you know the distance from the place where the 
troops retreated from the place where General Washington 
came up? 

A. Colonel Livingston's battalion, which was in the centre 
of the column, was, when it began to retreat, about one- 
quarter of a mile in advance of Freehold. 

Q. Did you think that the number of the enemy's troops 
that followed was equal to the number of ours that re- 
treated ? 

A. The number of the enemy did not appear to be equal 
to ours, but I thought that intelligence had been received 
that all the British army were coming upon us. 

The Court adjourned till to-morrow, eight o'clock. 

JULY 6th. 
The Court met according to adjournment. 

Brigadier-General Wayne being sworn : 

Q. Were you with the troops under the command of Gene- 
ral Lee that marched towards the enemy the 28th of 
June ? 

A. I was. 

Q. Did the troops under the command of General Lee 
make any attack on the enemy the 28th of June ? 

A. On the 28th of June I received orders from General 



Lee to prepare and march with the troops under my com- 
mand immediately. Having marched about, a mile with a 
detachment there was a halt made in front. About unc- 
lialf an hour after, 1 received a message by one of General 
Lee's aids to leave my detachment and come to the front, 
and take the command of the troops that were in front: that 
it was a post of honor, that the enemy were advancing, and 
to oome on immediately. I overtook General Lee near the 
Meeting-house. When I arrived there 1 found about six 
hundred rank and file, with two pieces of artillery, from 
Scott's and Woodford's brigades, and General Yarnuin's 
brigade, drawn up; Scott's advanced up a morass, the other 
in the rear of it. Some intelligence had been sent from 
General Dickinson to General Lee, which, when General 
Lee came up, he said he was surprised General Dickinson 
had sent him such intelligence, on account of which he had 
halted the troops there. Some troops were said to be seen 
by some people advancing to our right. I took my glass, 
but saw only a few countrymen. The troops wore then 
ordered to advance, and had not advanced far befor^a light- 
horseman came and mentioned to General bee that the 
enemy were advancing from the Court-house down a road 
that led through the woods, upon which General Lee directed 
that the troops might be formed so as to cover two roads 
that were in the woods where the troops had advanced and 

formed, and Colonel Butler, with his detachment, and 
Colonel Jaokson, with his detachment, were then ordered 
in front. Colonel Butler formed the advance guard and 
marched on. The troops. took up again their line of march 
and followed him. When we arrived near the edge of some 
open ground in view Df the Court-house, we observed a body 
of the enemy's horse drawn up on the northwest side, and 



23 



between us and the Court-house. General Lee ordered the 
troops to halt, and by wheeling them to the right they were 
reduced to a proper front to the enemy's horse, though 
then under cover of the woods. General Lee and myself 
were advancing to reconnoiter the enemy, and had directed 
tlie horse and gentlemen with us to remain under cover. 
In advancing a piece forward General Lee received some 
message which stopped him. I went on to a place where I 
had a fair prospect from my glass of the enemy. Their 
horse seemed so much advanced from the foot, that I could 
hardly perceive the movement of the foot, which induced me 
to send for Colonel Butler's detachment, and Colonel Jack- 
son's detachment, in order to drive their horse hack. I 
then detached part of Butler's people, who drove the horse 
into the village, by which means 1 could perceive the enemy 
were moving from us in very great disorder and confusion. 
Thi> intelligence I sent by one of my volunteer aids to Gen- 
eral Lee, requesting that the troops might be pushed on. 
In about ten or fifteen minutes after this tin: enemy made a 
halt, and appeared to be collecting and forming in same 
order. 1 believe by this time one of General Lee's aids 
came up, and I desired him to inform General Lee that the 
enemy had made a stand, and, from present appearances, 
showed they were waiting for us, and were not in much 
force. Their number appeared to be then about five or six 
hundred foot, and about three hundred horse, audi desired 
that the troops might he pushed up. 1 sent, also, Major 
Lenox and Major Fishbourne to General Lee with the same 
account. One of the gentlemen returned with, I think, one 
of General Lee's aids, who told me that it was General Lee's 
orders, that I should advance with Colonel Butler's detach- 
ment, consisting of about two hundred men, and Colonel 



24 



Jackson s detachment, consisting of, I think, ahout an equal 
number. Upon our advancing, the enemy took up their 
line of march and began to move on. I crossed the morass 
about three-quarters of a mile to the east of the Court-house, 
near to the edge of a road leading to Middle ton, near the 
road where the enemy were marching upon ; when the 
enemy fired a field piece and set fire to some out-building. 
The whole of the enemy then in view halted. I advanced 
a piece in front of the troops upon a little eminence, in order 
to have a view of their position and a view of their move- 
ments. I also perceived that our troops were advancing, 
and had arrived at the edge of a morass rather to the 
east of the Court-house. The enemy then advanced their 
horse, consisting of about three hundred, and about two 
hundred foot to cover them. The horse then made a 
full charge on Colonel Butler's detachment, and seemed 
determined upon gaining their right flank, in order to throw 
themselves in between us and our main body, which had 
halted at the morass. Upon Colonel Butler's observing 
this, he had formed the troops before I returned to him. 
The horse made a charge in force ; he broke their horse by 
a well-directed fire, which run amongst their foot, broke 
them, and carried them (iff likewise. I then ordered Colo- 
nel Butler to advance immediately in pursuit of them. We 
had not advanced above two hundred yards before they 
began to open three or four pieces of artillery upon us. 
The enemy at this time appeared to be inclining fast to our 
right, in order to gain a piece of high ground, and to the 
right of where I lay, and nearly in front of the Court- 
house. When the head of their column arrived on it they 
halted and formed, and so in succession as they came up. I 
sent off Major Biles to desire our troops that were in view, 



25 

and in front of the morass, to advance. The enemy's troops 
that were then in view, and marching to the eminence, did 
not appear to exceed seventeen or eighteen hundred. Then 
our artillery began to answer theirs, from about one-half a 
mile in the rear of Butlers detachment, when Major Biles 
returned, and informed me that the troops had been ordered 
to repass the morass, and they were then retiring over it. 
Upon this, I galloped up to the Marquis de La Fayette, who 
was in the rear of either Colonel Livingston's or Stewart's 
regiment ; I asked the Marquis what he was going to do 
with the troops; he said that he was ordered to cross the 
morass, and form near the Court-house, from that to the 
woods. I again sent to General Lee, requesting that the 
troops might be brought up. Either Major Biles or Major 
Fishbourne returned, and informed me that the troops were 
again ordered to retire from the Court-house, and that they 
were retiring. About the same time, one of General Lee's 
aids told me that it was not General Lee's intention to 
attack them in front, but he intended to take them, and was 
preparing a detachment to throw upon their left, or words 
to that purport. I then crossed the ravine myself, and see- 
ing General Scott's detachment beginning to cross, rode up 
with a view of forming them, but found the Colonel prepar- 
ing to do it. As I got up, General Scott came up and told 
me he had directed the whole of his people to form there. 
I then went with General Scott to the Court-house. A 
morass runs up near the Court-house, in front of it, and 
continues a considerable distance to the left of the Court- 
house in front. After General Scott and myself had viewed 
the ground about the Court-house, I .sent off one of my aids 
to General Lee to request him that the troops might again 
be returned to the place they had left, which was on the 



26 



ravine, near the Court-house. That at this time the num- 
ber of the enemy did not appear to be above two thousand, 
and about a mile distant in front, moving on to gain the hill 
before mentioned. A fire was kept up of cannon between 
us and the enemy at this time. Major Fishbourne returned 
and informed me that the troops were still retreating, and 
that General Lee said he would see me himself. This was 
at least one hour from the time the charge had been made 
by the enemy's horse on Colonel Butler, who remained in 
the same position in the hollow way, advanced near three- 
quarters of a mile of the Court-house. After Major Fish- 
bourne returned, I perceived the enemy begin to move 
rapidly in a column towards the Court-house. Upon wait- 
ing awhile with General Scott in this position, 1 again sent 
Major Lenox and Major Fishbourne to General Lee, re- 
questing him at least to halt the troops to cover General 
Scott, and that the enemy were advancing, and also sent 
off to order Colonel Butler to fall back, as he was in danger 
of being surrounded and taken. These gentlemen returned 
and informed me the troops were at a considerable distance, 
retiring, but some appeared to be forming, and they believed 
there would be no stand made yet awhile. The troops 
then appeared near a mile in the rear, near k Mr. Wi- 
koff \s, where they formed, and where I afterwards formed 
them General Scott and myself kept in the orchard near 
the village till the head of the enemy's column had passed 
through the village, aud were thrown between General Scott 
and our other troops. General Scott, having received some 
order, left me ; Colonel Meade then •came up, and we re- 
mained till the enemy had fairly got between us and all 
our other troops. Having a few horse with us, the enemy 
made a charge on us ; we retired and fell in with the rear 



27 



of our troops, who had formed a little in front of Mr. Wi- 
koif's, which were Colonel Livingston's regiment, Colonel 
Stewart's regiment, and a part of General Scott's own bri- 
gade, and two pieces of artillery I then met with General 
Washington, who ordered me to make a stand with these 
troops, and dispute the ground as long as possible, till he 
had time to form the army. 

Q. Did you receive any orders from General Lee to 
make an attack on the enemy the "28th of June ? 

A. I did not ; but every moment expected such orders. 

Q. Did you receive any orders from General Lee to re- 
treat from the enemy the 28th of June ? 

A. I did not. 

Q What number of troops marched under the command 
of General Lee towards the enemy the 28th of June ? 

A. In front, Colonel Butler, with two hundred, Colonel 
Jackson, with an equal number, Scott's own brigade, with a 
part of Woodford's, six hundred, with two pieces of artillery, 
General Varnum's appeared about the same number, with 
two pieces of artillery, my own detachment was about one 
thousand, and two pieces of artillery, General Scott's de- 
tachment, fourteen hundred, and four pieces of artillery, 
General Maxwell's was one thousand, and two pieces of ar- 
tillery ; in all, live thousand, with twelve pieces of artillery, 
exclusive of the militia. 

Q. What distance was it from the place where the troops 
first retreated from to the place where they formed ? 

A. I think about one-quarter of a mile. 

Q. What distance was it from this place to the next place 
where they formed ? 

A. From this place to the place where I found them, 



1>X 



which was a little in front of Mr. Wikoff's house, was, I 
think, about a mile. 

General Lee's question. — Were you in your messages 
that you sent me, as particular and as distinct with respect 
to the numbers, order or disorder of the enemy, as you are 
at present ? 

A. I think I was, from my anxiety to get up the troops. 

General Lee's question. — Do you recollect the orders 
Captain Mercer carried to you when he went to you with 
Major Lenox ? 

A. The orders, I think, were to advance with the two 
regiments; and that it was the General's intention not to 
drive, but to take the enemy. 

General Lee's question. — I would be glad to know what 
could have prevented the enemy's cavalry from turning 
the village of Freehold ? 

A. By advancing and driving them. 

General Lee's question. — Lid you send Colonel Morgan 
orders to retreat? 

A. At the time our troops had all been drawn from the 
Court-house, and the head of the enemy's column near the 
centre of the village, a messenger arrived from Colonel 
Morgan, who said he had been to seek for General Lee or 
the commanding officer, and had not found him. I inquired 
where Colonel Morgan was ; he said he was about two or 
three miles to the left. 1 told him that he saw our troops 
were all drawn off; that the enemy were advancing, and 
that Colonel Morgan should govern himself accordingly. 

General Lee's question to the Marquis de La Fayette.— 
Did you not, while in the village of Freeheld with me, ex- 
press an apprehension that the enemy might turn our right 
flank? 



29 



A. As far as I remember, I told you that some gentlemen 
had mentioned some troops were going towards our right, 
and told you to take care of it ; hut I did not say in what 
manner you should act. 

Question by the Court to General Wayne. — While you 
were in front, did you receive any intelligence with respect 
to the enemy's advancing in force ? Or did you make any 
discoveries of a body coming up to support the two thousand 
you have mentioned to have been in front ? 

A. I received no intelligence; but. from my own obser- 
vation, the enemy kept continually marching up, and form- 
ing successively as they arrived. They had been much 
scattered while marching. The}/ appeared to increase while 
I was there, from about six hundred to two thousand, and 
were still advancing to the same position the others had 
formed on. 

General Lee's question. — As we marched in one column 
until we divided in the forks of the road, do you think we 
could have brought up to action, even admitting the enemy 
to be only two thousand, an equal number in as short a time 
as they ? 

A. I believe the whole of your troops were formed either 
immediately in the rear of the ravine, or advanced across 
it ; I know that about three thousand were across and formed, 
which could have been brought up in time. 

Q. When you got up to WikofF's house, was General Lee 
there with the troops that were formed? 

A. He came up to me while I was forming there the 
troops that were retreating to the place where the others 
were forming, and he enquired why these troops were 
formed there, under the enemy's cannon, and exposed to 
the enemy's cavalry. I told him it was General Washing- 



30 



ton's positive order to make a stand there, and defend thai 
post as long as possible, till he could form the troops. Gen- 
eral Lee replied, he had nothing more to say. 

General Foreman being sworn: 

Q. "Were you with the troops under the command of 
General Lee the 28th of June .' 

A. I was, by order of His Excellency General Wash- 
ington. 

Q. Did the troops under the command of General Lee 
attack the enemy the 28th of June \ 

A. The first attack that I saw made, was by the enemy's 
cavalry, either on the troops under Colonel Butler, or a 
few of our horse that were on his right ; which cavalry 
were repulsed by the troops under the command of Colonel 
Butler. 

Q. Did the troops under the command of General Lee 
retreat before the enemy on the 28th of dune? 

A. Shortly after the enemy's horse had charged Colonel 
Butler's detachment. I rode forward to discover the num- 
ber and situation of the enemy, having, from every circum- 
stance, conceived that only their rear-guard had been left 
at Freehold to keep a show, and prevent our troops advanc- 
ing. From their appearance I judged their number not to 
exceed one thousand. I then rode in quest of General Lee, 
informed him of their situation and their supposed Dumber : 
at the same time informed the General that 1 conceived 
they were considerably in the rear of the column, and offered 
to take a detachment, and, by marching a road upon our 
left, to double their right flank General Lee's answer was, 
I know my business ; at the same time he was ordering a 
body of troops to march into a wood on the left of the col- 



31 



umn, which troops, 1 was informed, was a [tart of the Mar- 
quis's detachment. I then left General Lee. Some short 
time after I observed the General riding towards the front, 
and, a few minutes afterwards, I saw the Marquis de La 
Fayette direct Colonel Livingston's aud Colonel Stewart's 
regimenl to march towards the enemy's left: and I was in- 
formed, by the Marquis, that he was directed by General 
Lee to gain the enemy's left flank. In this time there was 
a cannonade from both parties, but principally from the 
enemy. The Marquis did not gain the enemy's left flank : 
as I supposed, it was occasioned by a retreat that had been 
ordered to the village, I presume by General Lee, as he 
was present and did not contradict it. The troops just 
began to form in the rear of the village, their left extending 
to a wool to the northward, the right to the southward; 
before the line was formed, the troops retreated, and, I 
was informed by the Marquis, by order of General Lee. 
There appeared, by this time, much confusion and irregu- 
larity to have got in among the troops. The troops upon 
the left of the village were retreating in line, those on the 
right in column. T inquired of several officers where they 
were retreating to. They said to the woods. On inquiring 
of them what woods, they said they could not tell whether 
it was the wood in front or on the right or left. The troops 
soon after this were formed into columns. There came up 
an officer of the horse, and told me that three regiments 
were to throw themselves into a wood on the right ; 1 sent 
him with this order to General Maxwell, and afterwards 
part of General Maxwell's troops went into the wood. 
I >iiring the retreat across Mr. Ray's field, I was present, 
and saw General Lee ride up to the troops as they were re- 
tiring, and order the troops to retreat with more haste. 



32 



Q. TIow far was the enemy from General Lee's troops 
when he ordered them to retreat with more haste ? 

A. About half a mile in rear of his troops. 

Q. Were General Lee's troops at that time in order or 
disorder ! 

A. The body of the troops seemed to be confused and in 
disorder. 

General Lee's question. — Were you ever, in this country, 
in a retrograde manoeuvre or retreat from a body of troops in 
the face of the enemy .' 

A. Yes. 

General Lee's question. — Was it conducted with more or 
less disorder than mine was ? 

A. I have seen retreats with more confusion and some 
with less. 

General Lee's question. — Where did you see a retreat 
with Irss confusion in the face of the enemy ? 

A. At the White Plains. 1 wont oft' with a part of the 
army in the evening, and saw no confusion. 

Brigadier-* ieneral Scott being sworn : 

Q. Were yon with the troops that marched under the 
command of General Lee the 28th of June towards the 
enemy ? 

A. I was. 

Q. Did the troops under tin' command of neral Lee 
make any attack on the enemy the "JSth of June ? 

A. About five o'clock in the morning of the 28th of June, 
I had orders to put my detachment in motion immediately. 
and fdl«w the rear of General Maxwell's brigade, passed 
through English-Town, where we were ordered to halt, and 
then received an order from one of General Lee's aids, to 



33 



march in the rear of General Wayne's detachment. About 
this time there was a halt for about one hour. Then we 
marched on near the Meeting-house, where there was a 
second halt made; we were again ordered to march on; 
about a mile beyond the Meeting-house we were again 
halted some short time, when several pieces of cannon were 
fired, and some small arms in front of the column, about 
which time we were ordered on, and soon took a road lead- 
ing us immediately to the left. After marching near one- 
half a mile, we turned an old road to our right, which 
brought us into a field to the left of some of our troops that 
were formed, where there was a pretty brisk fire of cannon 
on both sides. I receiving no orders more than these, to 
follow General Wayne's detachment, they wheeled to the 
right, and moved on in a line with those troops I saw 
formed ; before I had got far enough to wheel up my de- 
tachment, I found the whole of the troops upon my right 
retreating, as I supposed to repass the morass, which they 
were then about to do. After reconnoitcring the enemy , 
and reviewing the ground that my detachment stood on, I 
thought proper to repass the morass and take place in a 
wood with the morass in my front, About this time I sent my 
artillery immediately back the road I came, into the field, 
finding it impossible for them to act on the ground I had taken, 
or even to get to it. I then fell in with General Wayne, 
rode with him from there up to the little village at the 
Court-house, and enquired of him the occasion of the re- 
treat • he said he could not toll, but he had sent one of his 
young gentlemen to desire General Lee to send the troops 
back'for there was nothing to fear. I continued with him 
until' the gentleman returned; he brought no other answer 
but that General Lee would see General Wayne himself. 



34 



General Wayne sent to General Lee a second time, desiring 
him at least to halt, if he did not choose to return the troops, 
to favor my retreat, that my detachment was in a good deal 
dt' danger of being cut off We continued on the ground 
near the village until the enemy had passed my right, and 
almost cut off the retreat of my troops to our other troops; 
during all this time I received no orders from any person 
whatever : upon which I thought proper to order off the 
detachment, by filing off to the left of battalions, and march- 
ing through the wood, rather in the rear of the enemy's 
advance guard, near a mile, when I fell into the road leading 
to the Meeting-house, upon which I ordered a battalion to 
form, in order to cover our retreat. At this time T heard 
a fire begin upon our right ; I made no doubt there was a 
stand made there also, and I ordered Colonel Parker to go 
back and to move the battalion forward to join the detach- 
ment, and that there was a cover formed upon our right ; 
hut he was prevented delivering my orders by the front of 
a column of the enemy, between the rear of my detachment 
and the battalion formed to cover it, which battalion did 
not join my detachment afterwards that day I moved on 
with my detachment to the hill in front of the meeting- 
house, where I met with Lord Stirling, who told me we 
were to form there. 

General Lee's question. — By whose orders did you leave 
the wood you were posted in .' 

A. I received no orders either to take post there or to 
leave it. 

General Lee's question. — l>o you recollect the precise 
position you were in, with respect to the enemy, when 
you thought you were in danger of being intercepted? 

A. I was on the west side of the morass, in a wood 



35 



about half-a-mile to tho left of the Court-house : the enemy's 
front was in or near the village, passing to my right almost 
in my rear. 

Q. Could you estimate the Dumber of the enemy at that 
time? 

A. I do not think there were more than twenty -five hun- 
dred, the horse included 

Cj. Did you see the retreat of the rest of our troops ? 

A. A part of the rear. 

Q. Did the part you saw appear to be in order or con- 
fusion ? 

A. They appeared to be in confusion ; they were running 
and the horses trotting with the field piece,-. 

General Lee's question. — Did it appear to you that the 
men were running away, or were only hastening their steps 
to take a more advantageous post in their rear. 

A. I expected they were about to repass the morass, in 
order to take post on the western side ; I moved my detach- 
ment immediately, in order to form the line with them, but 
when I got there I found they had not formed agreeable to 
my expectations, but had left that ground, and were entirely 
out of my sight. 

The Court adjourns to the house of Isaac Arnot, in Mor- 
ris-Town, till Wednesday next, at eight o'clock. 

WEDNESDAY, July 8. 

The Court met at Morris-Town, and adjourns to Para- 
mus till Friday next. 

FRIDAY, July 10. 

Not a sufficient number of members attending at Para- 

5 



36 



mus, the members present adjourn till to-morrow at eight 
o'clock. 

JULY 11. 
The Court met at Paramus. 

Major Lenox being sworn : 

Q. Did you carry any message from Brigadier-General 
Wayne to General Lee the 28th of June ? 

A. I carried one message to General Lee from General 
Wayne. 

Q. What was it ? 

A. I went to inform him that the enemy had halted, and, 
by their appearance, seemed disposed for action. In case 
of General Wayne's attempting them, he requested General 
Lee would come up to support him. 

Q. Did you receive any answer from General Lee, at that 
time, for General Wayne 1 

A. General Lee said it was a customary manoeuvre with 
retreating troops, and that he was coming up, or words to 
that effect ? 

Q. Were the enemy's troops advancing or retreating 
when they halted ? 

A. They had retired, and had advanced about two or 
three hundred yards afterwards. 

Q. How did the enemy's troops appear to be situated? 

A. About a quarter of a mile in front of the Court-house, 
a little below a hill ; they had formed there, and others 
were coming up reinforcing them. 

Q. Did General Lee's troops come up ? 

A. Not that I saw. except troops that I took for General 
Scott's brigade, that had advanced across the morass, which 



37 

was after the enemy's horse had made a charge on Colonel 
Butler's regiment. 

Q. Were General Lee's troops put in motion upon your 
delivering General Wayne's message to him 1 

A I did not see them put in motion. I rode off imme- 
diately upon receiving the answer for General Wayne. 

Q Could you form any judgment of the number of the 
enemy, when you went with the message from General 
Wayne to General Lee ? 

A I imagine their number did not exceed one thousand 
foot and between two and three hundred horse. When I 
returned they were considerably reinforced, and more com- 

ing up. 

General Lee's question—Did I not explain to you what 
ra y intentions were, and in what manner General Wayne 
was to proceed? 

A. No. . 

General Lee's question—Were you in such a situation 
that if the troops were put in motion you could have seen 

them 1 Lift 

A You might have filed off in the woods to the left, 
which would have put it out of my power, as I was advanc- 
ing in front in the open field with General Wayne. 

Q Do you mean, that if General Lee had filed off his 
troops in the woods to the left, that movement would have 
put it out of your power to have seen them? 

A. Yes. 

Colonel Scilly being sworn : 

Q Did vou march with the troops under the command of 
General Lee, when they advanced towards the enemy the 
28th of June ? 



38 



A. I was in the detachment under the command of 
Brigadier-General Scott. 

Q. Did these troops make an attack on the enemy the 
28th of June ? 

A. We marched down till we came near Monmouth Court- 
house : 1 then heard a scattering fire of musketry, with 
some field pieces, but knew not whether from our troops or 
the enemy. We still advanced through a wood until we 
came to an open field, whirl, opened to the Court-house. I 
saw the troops in front of me form the line and move for- 
ward towards the Court-house. As soon as we marched. out 
of the wood into the field to get room, we were ordered to 
form by Genera] Scott: but immediately ordered to wheel 
by platoons, and to advance after the troops thai were ad- 
vancing rather to the right of the Court-house : there we 
were ordered to halt ; immediately on our halting, the 
troops on our right marched on, and by wheeling to the 
right, passed a morass. Upon that, General Scott ordered 
his detachment to march from the right of battalions to cross 
a morass in their rear, and to form in a skirt of wood ; we 
formed there. Welay there some time. The troops on our 
right were all gone out of sight, having retreated towards 
English-Town. The enemy, at this tim \ were retiring as 
far as I could see ; they retired about two or three hun- 
dred yards, and at length made a halt, and in a few minutes 
marched hack towards the Court-house. General Scott 
being absent, and the detachment laying there about half an 
hour, when tin; enemy marched by, having their cavalry on 
their right flank and in their front until they got into the 
village near the Court-house, then they filed off" to their 
left and our right, and the column came down from the road 
in the front of General Scott's detachment. I then sent 



39 

Captain Croghan and Captain Kelly in pursuit of General 
Scott, to inform him that the enemy were coming down in 
two columns, as I suppose, to attack us. He sent back 
Kelly and Croghan to order me to retreat by the left of 
battalions in columns. We retreated through a wood to 
where the stand was made, where I saw Lord Stirling, who 
ordered me to form, which T did. 

Q. How were the enemy's troops situated when you first 
came in sight of them ? 

A. They appeared to be in confusion. 
Q. How great was their number ? 

A. When I first saw 'them they did not appear to be above 
eight hundred ; but before I went back I think about two 
thousand or twenty-five hundred appeared in sight. 

Q. Do you know whether any measures were taken by 
General Lee towards attacking the enemy? 
A. I do not. 

Q. Did you take any particular notice of the troops that 
were in advance of you when they retreated .' 

A. They retreated fast; their rear went off in a trot. 
Q. What did you suppose at the time occasioned them to 
rctnat in that manner ? 

A. I supposed they must have seen something that I did 
not see ; I could see nothing at that time which could occa- 
sion them to go oft' in that manner. 

Q. Do you know who immediately commanded these 
troops ? 

A. I do not. 

Q. Did you see or hear of any other firing than the scatter- 
ing firing when you first came up? 

A. There was a few cannon-shot fired, after I got up, on 
both sides. 



40 



Colonel Grayson being sworn : 

Q. Did yon march with the troops under the command of 
General Lee, towards the enemy, the 28th of June? 

A. About three o'clock in the morning, I received an 
order signed by an Aid-de-Canip of .Major-General Lee, 
purporting that Major-General Scott's and General Yarnum's 
brigades should get in readiness immediately to march 
towards the enemy with their packs, and to give notice 
when they were ready. Shortly after this, and before they 
were ready to march, I received another order, desiring 
that the troops might be marched into English-Town, where 
General Lee would be ready to receive them. As soon as 
we got to English-Town I waited on General Lee, who in- 
formed me I was to advance towards the enemy, but to halt 
at the distance of about three miles from them, and to send 
repeated intelligence of their movements. At the same 
time, one of General Lee's Aids-de-Camp put into my hands 
a written paper from General Washington to General Lee. 
desiring him to send out about six or eight hundred men to 
act as a body of observation, and to give frequent informa- 
tion of the enemy's movements, and to attack them in ease 
they began to march. The next line, I think, was. that the 
time and opportunity was left to the commander of the party. 
I applied for a guide ; was informed by General Lee that 
some light-horse were to go with me ; General Lee imme- 
diately sent Major Edwards to procure a guide, who soon 
returned with one, and informed General Lee they had 
disappeared ; at which General Lee seemed disturbed, and 
sent the Major off again. Some time after this, (leneral 
Foreman furnished a guide. I began my march with Gen- 
eral Scott's and General Varnum's brigades towards the 
enemy from English-Town. Some distance from English- 



41 



Town, I think about two and a half miles, General Lee sent 
word to march slow, and shortly afterwards to advance. 
We proceeded to a bridge in the rear of the hill where the 
stand was made, where we saw a firing, and where we saw 
a party of militia retreating from the enemy, keeping up an 
irregular retreating fire. General Dickinson sent to me for 
a regiment to cover the retreat of the militia, which T went 
with ; and, on seeing Colonel Oswald, we agreed that a 
field-piece should be advanced also. Upon our advancing 
to the top of the hill, we discovered that the enemy had gone 
off; upon which, we drew up nearly on the place where the 
stand was made, and very shortly after, General Lee came, 
(this was early in the morning,) who told me that the other 
parts (as I understood), Scott's and Varnum's brigades, 
should come forward. Before General Lee came up, in the 
conversation I had with General Dickinson, he seemed 
strongly impressed with an idea that the enemy would send 
round a column on our right, and another to the left, which 
would put the continental troops in danger, and they had 
better be withdrawn, and he would scuffle it out with them 
with the militia. I heard General Dickinson maintain nearly 
the same conversation with General Lee as with me, with 
some warmth ; General Lee went to reconnoiter the enemy ; 
and, upon his returr, part of General Scott's brigade was ad- 
vanced by General Wayne, who posted them upon the left of 
the road that leads to the Court-house. The intelligence I un- 
derstood General Lee received was, that a column was ad- 
vancing up that road ; (I did not hear General Lee mention that 
a column was advancing up the road.) We remained there 
for some time, when I received orders that the column was 
not advancing, and we might come off, which was im- 
mediately contradicted, and we were ordered to stay on the 



42 



ground, which we did, until the rest of the troops came up, 
on their march to the Court-house When the brigade 
joined again, Colonel Jackson's regiment was ordered into 
our rear. We continued our march with the other troops 
until we not to a hill on this side the morass, which is con- 
tiguous to the Court-house, where we made a halt, and I 
observed General Lee reconnoitering the enemy, and I rode 
myself a small distance, when I saw their horse, but not 
their infantry. Their horse appeared to be in confusion, 
and as they fronted us were to the left of Freehold. One 
regiment of Scott's brigade was formed upon the left of the 
road, and the other regiment marched towards the Court- 
house. I followed it and found it posted behind a fence 
nearly opposite to the Court-house. I asked the command- 
ing officer what were his orders ? And asked him if his 
orders were to stay there 1 He told me they were. I rode 
by the fence and a short distance into the plain, where I saw 
the enemy distinctly drawn up on the right of the Court- 
house ; their number appeared to be five or six hundred 
infantry, with a body of horse. I turned back, and finding 
that other bodies of our troops were in motion, which they 
were to our left, and the enemy beginning to file off to their 
right, I asked again of Lieutenant-Colonel Parke, if the 
orders were to stay there I He told me they were. How- 
ever. 1 took upon myself to order them on with our other 
troops, who were filing off to the left, as if to turn the 
enemy's right. Shortly after our being in motion, I saw 
General Lee and Major Mercer; Major Mercer accosted me 
with some warmth, and asked me why 1 was not in the rear 
of General Wayne ? I told him I had no orders to be there : 
he said orders were given to Lieutenant-Colonel Parke : I 
told him when he gave me orders he might depend on their 



43 

being executed. We proceeded, and were joined by the 
other regiment and crossed a morass, where I saw a body 
of troops that were halted, and I believe were General Var- 
mint's brigade, and some other troops. As soon as we had 
got cleverly halted on the other side of the morass, on the 
edge of an orchard, we observed a body of the enemy's 
light-horse advancing towards us with great rapidity, some 
of our horse and some horsemen retiring before them. 
When they came within musket shot they were repulsed 
by a fire from part of the left of General Scott's brigade. 
General Lee shortly after this came up. General Scott's 
brigade advanced in order to get into the rear of General 
Wayne, who, I understood, was in a wood some distance in 
our front. We continued our march until we got near to 
the edge of the wood, when a message came by a gentle- 
man, who informed me that lie was from General Wayne, 
desiring me not to enter the wood, but to keep my ground; 
I think lie said that the enemy were retreating by their 
right. There were no troops then that I saw, either upon 
my right or left. Colonel Jackson's regiment was in our 
rear in a morass. I then saw the enemy drawn up 
in order of battle, in much greater numbers than be- 
fore, and they cannonaded us from two or three pieces 
of cannon. I hallooed to Colonel Jackson to come 
and form upon the top of the hill upon my left, who 
asked me if I had any artillery, I told him I had not : 
Colonel Jackson did not come up. Soon after this, Major 
Mercer came from General Lee. who expressed his surprise 
that I was not in the rear of General Wayne as ordered : 
I told them I was advancing as fast as possible, but 
had contrary orders from General Wayne. Mr. Mercer 
said he was the proper person through whom orders should 



44 

be given. AJbout this time I saw Colonel Jackson's regi« 
ment retreating, and Major Mercer told me to go off in the 
rear of Colonel Jackson's regiment the wa\ I had come. 
We retreated or went back, recrossed the morass, where 
Genera] Scott's detachment was halted in a wood, where we 

halted also. The enemy at this time were advancing to- 
wards the Court-house. 1 went into the plain with the 
Brigade-Major to view the enemy, and saw them advancing 
in force. Upon my return I found the whole of the troops 
that had retreated with me had marched. We continued 
our rout till we come near a fence in the front of Hart's 
house, when Major Mercer formed the regiment to oppose a 
body of light-horse, as it appeared to me, (the other regi- 
ment was before detached t i cover the two pieces of artil- 
ler\ that had been engaged near the Court-house,) 1 thought 
it might 1"' formed to more advantage behind the fence, and 
took tin- liberty to do it; after which I did not see General 
Lee or an\ ot his Aid-de-Camps, or receive any orders from 
him or them that day. 

Q. What was the situation of the eneniv when you first 
diseox ered them ! 

A. When 1 first discovered them 1 saw only a body of 
horse, and several persons riding before, who appeared to 
he reconnoitering or putting them into better order. 

Q. How were the enemy situated when you firs! discov- 
ered their infant r\ .' 

A. In excellent order, with their light infantry advanced 
in their front. 

Q. What were their numbers I 

A. As near as 1 can guess about five or six hundred iu- 
fantry, with a large body o( horse. 



i;» 



Q. Did you receive any orders from General Lee to 
attack the enemy ? 

A. Immediately after the enemy had retreated from the 
Court-house 1 fell in with General Lee, who mentioned to 
me with some degree <>t' animation, to keep in the edge of a 
wood, and to attack them in small bodies, and hy God he 
would take them all. 

Q. When you saw the enemy drawn up in order of battle, 
how were they posted ? 

A. They were drawn up in a line, with the cavalry on 
their thinks; the ground appeared to be level. 

Q. Could you form any judgment of their numbers ? 

A. I could not. 

Q. When you were ordered to go off by Major Mercer, 
did he incut ion any place you should retreat to? 

A. No. 

Q. Did he desire you to go off in haste ? 

A. No. 

Q. When you were ordered to go off by Major Mercer, 
were any troops ordered as a covering party ? 

A. No. 

Q. Were you ordered to retreat in any particular man- 
ner ? 

A. No. 

Q. How far did you retreat before you made the stand ? 

A. First stopped where General Scott's detachment was 
posted, and then retreated to the fence near Hart's house; 
I think the distance from the place we retreated from to Mr. 
I [art's, IS near two miles. 

Q. When our troops retreated, did they retreat in order 
or disorder ? 

A. I observed no troops but those immediately under my 



46 

command, which came off in good order, as did Colonel 
Jackson's regiment that was in front. 

Q. Did the ground that you retreated over appear to be 
favorable to make a stand on? 

A. From the idea I have of it, which is not a very accu- 
rate one, T think it was; to me it appears now, there was a 
piece of ground immediately on this side the Court-house, 
that has a wood upon each flank, and a morass in front. 

Q. How long did yon remain in the front of the fence 
near Mr. Hart's house after Major Mercer had formed the 
men there ? 

A. A very short time. 

Q. What occasioned you to remove from thence ? 

A. They were ordered off, T suppose, by some Aid-de- 
Camp, to form in a wood near the road, not far distant from 
where they were formed in the morning by General Wayne. 

General Lee's question. — Do you think it possible for an 
officer in the line, who only sees partially, to be a judge of 
the ground proper for each party to make a halt on ? . 

A. He has not so good an opportunity of knowing the 
ground as he whose business it is to investigate it by re- 
connoitering. 

Colonel Stewart being sworn : 

Q. Did you inarch with the troops under the command of 
General Lee towards the enemy on the 2*th of dune ? 

A. I marched in the detachment under the command of 
General Wayne, which T understood was under the com- 
mand of General Lee. 

Q. Did these troops attack the enemy on the - 2Sth of 
June? 

A. Not to my knowledge. 



47 

Q. Did these troops retreat from the enemy the 28th of 
June ? 

A. They did. 
Q. By whose orders ! 

A. On General Wayne's detachment advancing out of 
the woods across the plain, about three-quarters of a mile 
in advance of Monmouth Court-house, Colonel Lawrence 
came up to me at the head of my detachment, informing me 
that the enemy were endeavoring to gain our right flank ; the 
Marquis and Colonel Lawrence were both in company at that 
time, and desired I would push my detachment towards the 
right, I marched on till I got nearly in a line in front of 
the Court-house. A cannonading had begun when I came 
out of the woods, and had been kept up during the time I 
marched across the plain. Colonel Lawrence came up and 
informed me it was found necessary we should retire to the 
village, and ordered me to retire to that place. On my 
arrival at the village, he ordered me to form in an orchard 
to the right of the town. I had not been formed in that 
place above five minutes, before an order came from Major 
Ogden, who said he came from General Lee, to retire to a 
pitce of wood farther in the rear. On my march to these 
woods, I fell in with General Lee and several other gentle- 
men, and not understanding which wood Major Ogden meant, 
1 asked General Lee which wood I should take the men to. 
General Lee, seeing the men much fatigued, said, take them 
to any place to save their lives, pointing to an orchard in 
front. After remaining a short time there, Major Edwards, 
one of General Lee's Aid-de-Can.ps, ordered me to a piece 
of woods farther on towards the morass, the morass being in 
the rear of the ground I was then on. On my march to 
this place, the enemy's horse appeared in sight, and pretty 



48 



near: General Lee rode up. and ordered mo to form my 
men in order to oppose them. Before they came quite up 
to where hit regiment was formed, they made a halt, and 
returned towards the main body, the head of which was 
advancing cut of the village. During the advance of the 
horse, I asked General Lee whether it was not proper for 
me to advance to a fence which was about fifty yards in 
front ; he answered me. he intended to bring a regiment 
there, that T should cover their retreat, and that one should 
be in the rear to cover mine. I was again ordered to pur- 
sue the rente to the piece of woods in the rear. The regi- 
ment in front < f me did retire, by which, means I was left 
with my single regiment. The enemy had come up pretty 
near to me when I saw the Marquis de La Fayette, and 
demanded to know what I should do; his answer was, he 
saw no oecessity for having my regiment cut to pieces, and 
he thought 1 had much better retire after the other troops. 
On my repassing the marsh, just as I had got over it, His 
Excellency came up and ordered me to form my detach- 
ment. 

Q. What was the situation of your detachment when you 
came near the enenn ' 

A. We were marching in column, seven or eight men in 
front. 

Q. How near were the enemy to you when you first 
began to retreat I 

A. I do nut fluids - , from mv particular detachment, they 
were above six bun reci yards 

Q. How strong did they appear to be .' 

A. I did not look upon them to be more than six hundred 
infantry, besides the horse, which appeared to be pretty 
numerous. 



49 



Q. Were they advancing towards yon ? 

A. They had halted. 

Q. How large a body of our men was there that could be 
opposed to the enemy ? 

A. There were three detachments posted where I was, 
consisting of about eight hundred men. 

Q. Did you receive any fire from the enemy before you 
retreated ? 

A. None but their artillery ; one man of mine had his 
leg broken 

General Lee's question. — Did I not appear in the whole 
course of the day tranquil ; and did I not give my orders 
distinct and clear ? 

A. When I had an opportunity of seeing you, you ap- 
peared as usual, without being disturbed. 

General Lee's question. — Did you not conceive, when I 
ordered you to take your men to some place to save their 
lives, pointing to an orchard in front, that it was done that 
you might take them to some place to shade them from the 
heat of the weather ? 

A. I understood it that way. 

The Court adjourned till eight o'clock to-morrow. 

JULY 12th. 
The Court met according to adjournment. 

Colonel Richard Butler being sworn : 

Q. Did you march with the troops under the command 
of General Lee towards the enemy the 28th of Juno .' 
A. Yes. 

Q. Did these troops attack the enemy the 28th of June ? 
A. I moved on from English-Town with about two hnn- 



50 

tired troops under my immediate command. 1 reoeived or- 
ders tn move on with m\ battalion, and orders came ;it the 
same time to Colonel Jackson to move to the front. Both 
the battalions were a considerable distance back in the line 
of march, but on receiving the order 1 gave orders for my 
battalion to move mi. and rode forward to where Genera] Lee 
was, and General Wayne; I informed General Wayne that 
my battalion was prettj far back, but that I had ordered 
them on ; General Wayne mentioned is to General Lee, who 
said it was immaterial whioh battalion, and ordered General 
Wayne to take the two nearest battalions, and move them 
forward. Before the troops arrived a body of our troops 
had crossed a causeway, and was returning down towards 
the causeway from the top of the rising ground, al which 
time the battalions that had been first ordered came up to 
the causeway, and agreeable to the first order moved on to 
the front of the whole; General Wayne then ordered me to 
move on with my battalion to take the front, and to attack 
the enemy wherever I should come across them ; he told 
m it was necessary, as it was woody ground, to extend a 
front, and to march the men in such a manner as I could 
form them immediately in case of an attack ; I accordingly 
ordered a sergeant ami party, as an advance party, a small 
party upon each of the thinks, and the battalion to march 
from the right of platoons 1>\ tile-, with a proper wheeling 

distance between each other, to form. After this disposi- 
tion was made. General Lee came up and ordered the bat- 
talion to he formed again, and marched in column from the 
centre by files; moved on a small distance in this manner, 
and then was left at mv own discretion to form them as 1 
thougb.1 proper. I then ordered the left from the centre to 
wheel on, and march by the right of platoon- by tiles, the 



51 

fight by liKs as before. As General Lee desired I should 
keep the troops in the woods as much secreted as I could, 
so that the enemy should not perceive our approach, as there 
was clear ground on our right, and woods on our left, in 
that order I moved on till I passed that clear ground, and 
had room to form the whole in proper front. General 
Wayne then ordered me to move on and attack the enemy. 
I accordingly went forward, and received a small scattering 
fire from some troops that I took to be the Queen's rangers, 
from along a fence upon my right ; immediately I wheeled 
Up the men, ordered them to reserve their fire and push on. 
A few of them fired. On our approach they left this ground, 
and I moved on to within sixty yards of an orchard, to the 
left of the road leading to Monmouth Court-house, and then 
filed off to the left of the enemy's left flank, as I saw them 
moving off. I then sent word to General Wayne, by Major 
Biles, that the enemy were moving off; on which General 
Wayne immediately came up, and ordered me to take post 
in a small point of wood, rode off from me and told me he 
would forward up more troops. T there saw a small body 
of British troops move off retiring, and the artillery wagons 
after them. The British horse moved off in regular order 
on the left of the rear of the artillery. A party of infantry 
appeared to me on the left flank, and appeared to go on as 
a Hanking party. After the horse, a body of foot went off 
in columns in regular order, and kept their flanking party 
out in the same manner. 1 then sent word by Major Biles 
to General Wayne or General Lee, informing them in what 
manner the British troops were moving off, and that, in my 
opinion, if we had a mind to strike the enemy, that was the 
time to improve an advantage, as they were all in motion 
moving off. I then moved my party across a small morass, 



r>2 



that they might not be in the way of other troops as thej 
came up. When I got over the morass, General Wayne 
joined me, and ordered me to move on upon the enemy's lefl 
flank. 1 moved on about one-quarter of a mile, when the 
enemy made a halt at a small piece <>f wood, and their horse 
formed and laced about, and made a charge upon my party ; 
We gave them a fire, they broke, and in their retreat from 
us broke through their own foot and disordered them : they 

then brought two Or three pieces of cannon to hear upon us. 

General Wayne ordered me to move the party down into a 
small hollow, to cover them from the fire of the artillery, 

and from thence to move them to a small piece ot wood . he 

then left me and sent back Major Biles to me, ordering me 
to remain there until further orders. Our artillery then 
began to play pretty smartly amongst the enemy and caused 
BOnsiderable disorder amongst them. I remained in that 
condition for about ten minutes or one-quarter of an hour, 
before the enemy began to move towards the Court-house 
again ; they moved on very slow, and, seemingly, very reg- 
ular ; continued so for about an half hour or more, making 
small halts and mo\ ing on, in which time there was a con- 
siderable cannonade on both sides, and some niusketn on 

my right, which I conceived was principally from our peo- 
ple. The enemy still continued moving on, and ! saw a 
body of troops coming on that 1 had not seen before, in very 

regularorder from what had been in the front of those who had 

moved off before ; troops that had marched and were coming 

hack again. The troops 1 first saw, appeared to he the rear 

guard of the whole army, and the other bodj I took totfc the 

real- of the main body. 1 remained still better than a quar- 
ter of an hour, till the troops 1 have mentioned before seemed 
to have gained ground on our people ; the tire going from me 



53 



on my right. T then thought it was time to provide for the safe- 
ty of my party, the enemy being on my right in front, and on 
my left, a large morass in my rear. I called the two field offi- 
cers and asked thein their opinion respecting our moving from 
that ground ; they gave it as their opinion that we ought ; 
we then retreated through the morass that was in our rear, 
and came by the way of Furman's mill, halted a small time 
to refresh the men. I ordered Major Ledyard to ride up 
towards the road we had advanced upon, to see where our 
people were, that we might join them again. He came back 
and informed me the enemy were moving on upon the plain 
ground, and it appeared to him our people had moved back. 
I then marched my party to one Craig's house, upon the left 
of our army, and saw a body of troops formed there, which 
I afterwards found to be the left wing of the army. 

Q. How great was the number of men the enemy re- 
turned with toward the Court-house ? 

A. They appeared to be about fifteen hundred foot, and 
between one hundred and fifty and two hundred horse. 

Q. Did you see any of our troops at that time beside 
the party you had under your command? 

A. No. 

Q. Did you see any of our troops retreat that day ? 

A. No ; only the troops under my command. 

Q. Did you see any other body of the enemy besides the 
fifteen hundred foot and one hundred and fifty or two hun- 
dred horse you have mentioned? 

A. Yes. 

Q. How great was the number? 

A. They appeared to me to be about five or six hundred 
foot, 



54 



Q. Do you recollect whether General Lee personally gave 
you orders to attack the enemy • 

A. I do not recollect in any cither manner than his order- 
ing me to go on, but I considered the whole of the orders 1 
received from General Lee and General Wayne previous to 
my attack, to go on and attack. 

Q. Did you receive any orders from General Lee after he 
desired you to keep your troops secreted in the woods, so 
that the enemy should not perceive their approach ? 

A. Xo; I was then moving on towards the enemy. 

General Lees question. — Did you understand from Major 
l>iles that he delivered the message to me you desired him 
to deliver ? 

A. I do not recollect he ever informed me whether he 
did or did not; I never asked him about it. 

Major Fishbourne being sworn : 

Q. Did you carry any message from Brigadier-General 
Wayne to General Lee on the 28th of June ? 

A. I did. 

Q. What was it ! 

A. When General Wayne and myself, with Major Lenox, 
had got within a mile of the Court-house, he saw the enemy 
moving towards Middletown, with a body of horse in their 
rear. General Wayne then ordered me back to General 
Lee, to inform him that the enemy were moving on towards 
Middletown, begging him to forward on the troops. I 
came to General Lee and informed him what General 
U ayne had desired me : he made no answer, but rode back 
towards the troops, as I thought, in order to forward them 
on. I returned to General Wayne; by this time he had 
Butler's detachment across the morass. Butler's detach- 



55 

meiit was moving OD in order to get upon the left flank of 
the enemy, when a body of the enemy's horse made a charge 
upon him, he formed his regiment and gave them a fire, at 
which the enemy's horse retired to their infantry, who also 
retired. General Wayne then sent me back to General Lee 
to inform him that the enemy were retreating, and to forward 
on the troops. General Lee said pho, pho, it is impossible ; 
and asked me who sent me? I told him General Wayne. 
Butler's detachment was ordered by General Wayne to file 
off to the left in a piece of woods. General Wayne, after 
Butler's detachment had gone off, crossed the morass him- 
self, with Major Lenox. lie there met with General Scott. 
They ordered Major Biles and myself to go and inform 
General Lee that the enemy were retreating, and begged 
him, for God's sake, to forward on the troops or the detach- 
ment which he had honored him with. Major Biles and 
myself rode back, and found General Lee about two miles 
in the rear with the retreating troops. T informed General 
Lee of the message; and General Lee desired me to inform 
General Wayne that he would see him himself immediately. 

Q. Did General Lee forward on the troops that General 
Wayne requested ? 

A. Colonel Jackson's regiment came on. 

Q. What time elapsed after you were sent with the first 
message to General Lee, before you were sent with the 
second ? 

A. About one hour, to the best, of my knowledge. 

Q. Were the enemy's troops retiring during this time, or 
advancing? 

A. After Colonel Butler had repulsed their horse, they 
retired, and were retiring when I carried the second mes- 
sage. 



56 



Q. What time elapsed after you were Bent with the sec- 
ond message to General Lee from General Wayne, before 
yon were sent with the third ? 

A. About one half hour. 

Q. Did General Lee see General Wayne himself to your 
knowledge ? 

A. He did not, to my knowledge. 

Q. Were the troops that were retiring with General Lee 
in order or disorder ! 

A. They appeared to be in much disorder and much 
scattered. 

Q. In what manner were they retreating ! 

A. They were retreating in small parties, perhaps a regi- 
ment or two might be together. 

Q. Was General Lee in the rear or in front of the retir- 
ing troops ! 

A. 1 think he was in the centre. 

Q, Did you observe any body of m mi drawn op in the 
rear of the retiring troops to cover their retreat .' 

A. I did not, before I saw his Excellency General Wash- 
ington come up and form Colonel Stewart's regiment in the 
rear o\' the troops as they were retiring. 

Q. Did the troops appear to be retiring in haste .' 

A. They were retiring moderately. 

Q. Were the enemy advancing on our troops as they were 
retiring ] 

A. They might have been, but I did not see them : my 
attention was drawn another way. 

Q. How near was General Lee to his troops when you 
carried the first message from General Wayne to him .' 

A. lie was with his troops about half a mile in the rear 
oi' General Wayne. 



57 

Q. Where was he when you carried the second message? 

A. He was reconnoitering with a party of our horse close 
b\ an orchard, within a mile and a half, to the best of my 
knowledge^ of the town of Freehold. 

Q. Had any of his troops advanced towards the enemy 
during that interval .' 

A. None that I perceived, except Butler's and Jackson's 
regiments. 

Q. Had any advanced between the second message and 
the third? 

A. None that T perceived. 

General Leo's question. — Did I give you any reason the 
second time you came to me, for saying it was impossible 
the enemy were retiring? 

A. You did not. 

Lieutenant-Colonel Samuel Smith being sworn : 

General Lee's question. — Did General Scott move his de- 
tachment over the morass, and recross it again in a short 
time, without receiving any orders from me about it, to your 
knowledge ? 

A. Our detachment moved across the morass ; the head 
of our column made its appearance out of a point of woods, 
at the front of which was a large plain. A small cannonade 
began from the enemy. The detachment marched out of the 
woods into an orchard, where we were a-going to form, when 
orders came (I do not know from whom), that we should re- 
cross the morass and form upon the side of a very woody hill, 
in rear of the morass, where the whole detachment formed. 

Q. Did any troops form with General Scott's detachment 
after you recrossed the morass? 

A. There were none. 



58 



Q. When you advanced across the morass, did you see 
any men on your right or left ? 

A. No. We were advancing across the morass, when 
Major Mercer rode by and said, we shall cut off the enemy's 
advance, General Wayne is in front of them, and you will 
immediately be upon their flank. 

Lieutenant-Colonel Rhea being sworn : 

Q. Did you carry any message from General Wayne to 
General Lee the 28th of June ? 

A. I carried one. 

Q. What was it ? 

A. Genearl Wayne ordered me to go to General Lee and 
to inform him the enemy's troops were all under way. 
and were moving the Middletown road ; and desired me to 
let General Lee know the sooner he could follow him the 
better, as he intended to fall on their flank. I delivered 
the message to General Lee. General Foreman came up 
and immediately informed me he had orders to attend 
General Lee to direct the roads I did not see General 
Lee afterwards, but returned to General Wayne. 

Q. Did General Lee give you any answer to General 
Wayne's message ? 

A. I think he did. 

Q. What was it? 

A. That he would order his troops accordingly. I then 
mentioned a farther message that General Wayne gave me, 
which was, that he could not see the right of the enemy's 
line, and possibly there might be a body of infantry that lay 
in the woods upon that quarter to take him in. I appre- 
hended he meant General Lee's party. I informed General 
Lee that the cavalry was in the rear ; General Lee made a 



59 

reply to that by saying, that the British never left infantry 
in the rear of cavalry. I farther mentioned, that it would 
not impede General Lee in his march, as I ordered a body 
of militia in that quarter to make a discovery if there should 
be any infantry there. 

Q. Did General Lee move with his troops towards Gen- 
eral Wayne ? 

A. Yes, immediately. General Foreman came up and 
directed the party the road. 

Q. What number of troops were advanced to General 
Wayne's assistance ? 

A. The party that General Lee commanded. 

Q. How far did they advance ? 

A. I do not know. I left General Lee immediately, and 
went another road to return to General Wayne. 

Q. Did the detachment under General Lee, or any part 
of it, actually reinforce General Wayne ? 

A. I believe they did ; but I did not see any of them. 

The Court adjourns till to-morrow at eight o'clock. 

JULY 13th. 
The Court met according to adjournment. 

Lieutenant-Colonel Lawrence being sworn : 

Q. What was the strength of the corps under the com- 
tnand of General Lee, the *28th of June ? 

A. To the best of my knowledge, five thousand men. 

Q. Did you fall in with troops under the command of 
General Lee the 28th of June ? 

A. I had been reconnoitering in the open grounds be- 
tween Carr's house and Monmouth Court house ; I was there 

8 



60 



informed that General Lee, who had been ordered to ad- 
vance and attack the enemy, had halted his column at about 
two miles and a half or three miles from the enemy. I im- 
mediately went to inquire the cause of it. I found Yar- 
num's brigade repassing a bridge in front of the position 
which our army afterwards took. I addressed myself to 
General Lee, and informed him of what T had seen of the 
enemy ; he replied that his intelligence had been so con- 
tradictory that he was exceedingly embarrassed; upon my 
repeating, however, what I had seen, and by appealing to 
Mr. Malmedie, who was with me, he ordered Varnum's bri- 
gade to march on towards the enemy. I then left General 
Lee, and went forward to reconnoitre in the neighborhood 
of the Court-house ; I did not see him again until the enemy 
had left the Court-house, and formed with their right 
towards a wood, and their left in open ground. Soon after, 
three regiments, commanded by Colonel Stewart, Colonel 
Livingston, and another colonel, issued from the wood below 
the Court-house, in order to turn the enemy's left ; they 
had not arrived in open ground long before they were or- 
dered, I think by Major Jamair, Aid-de-Camp to the Mar- 
quis de La Fayette, to fall back on the village ; I assisted 
in conducting them to the village, and in forming them in 
the orchard in front of the village ; General Lee was at that 
time in the rear of these troops, near the house which had 
been General Grant's quarters. I heard him ask if the 
troops were formed in the orchard, in such a way as led me 
to conclude that their retreat to that place had been made 
by his order. The troops had not been long formed in the 
orchard before they were ordered, I do not know who de- 
livered the message, but I think it was by General Lee's 
orders, to retreat and gain the wood; General Lee first 



61 



directed that they should he thrown part into the woods on 
the left, and part into the woods on the right; but after- 
wards said, that these woods were at too great a distance 
from each other, and the troops continued retreating with- 
out distance between the corps sufficient for forming, and in 
some disorder, till they arrived at Carr's house. The Mar- 
quis de La Fayette was then ordered to form on the right 
by General Lee; the rest of the troops and cannon continued 
retreating in disorder through the open fields towards the 
defile near WikofTs house. Previous to this, I had received 
a letter from Lieutenant-Colonel Fitzgerald, written by his 
Excellency General Washington's order, in which he de- 
sired to know how matters were going on in the quarter 
where I was, and added, the General is ready to support 
with his whole army. I delivered the letter to General 
Lee, and asked him to enable me to give an answer to it; 
he read it over once and hesitated; I repeated my request, 
to which he answered that he really did not know what to 
say After the retreat of our troops from the village and 
the wood, the enemy pursued as far as the village, where they 
made a halt. Upon their advancing afterwards towards us, 
Genera] Lee ordered the whole of our troops to retreat, and 
they retreated through the defile by Wikofl's house. It was 
there that I met his Excellency General Washington, who 
rallied some troops and made a stand. I saw nothing more 
of General Lee, as he was not with the rear of his troops. 

Q. What was the situation of our troops when they first 
came up with the enemy ? 

A. I was on the right of our troops, and the first thing I 
saw was two pieces of cannon under the command of Colo- 
Del Oswald, unsupported by any infantry, on the extreme 
right of our troops. I expressed my uneasiness to Colonel 



62 

Oswald on that account, and he desired that 1 would apply 
for some troops to cover his cannon. I went in search of 
General Lee and the .Marquis de La Fayette, but could find 
neither of them at that time In going in search of them 1 
met three regiments issuing from the wood to turn the ene- 
my's left, but saw none of the rest vf our troops, except 
what I took to be the heads of columns halted in the woods 
on our left ; the main body of Genera] Lee's corps was in 
these woodson our left : as 1 was on their right, I am not a 
judge of their particular situation. 

Q. What was the situation of our troops when they first 
came up with them .' 

A. When our troops arrived in the presence of the enemy, 
their right was supported by a wood in front of the village 
of Freehold, the wood to which the enemy's right extended, 
was in the forks of the road leading to Middletown and 
Shrewsbury; their left extended in the open grounds to- 
wards the village, and was covered by their cavalry. 

Q. How strong did the onem\ appear to he ! 

A. They never appeared to me to consist of more than 
fifteen hundred infantry and cavalry, or two thousand at the 
most. The moment which they appeared most numerous to 
me was, when they were advancing in the open fields be- 
tween Freehold and Carr's house ; they were then advanc- 
ing in two columns, with their artillery and cavalry between 
the columns. 

Q. Was any disposition made by General Lee for attack- 
ing the enenn '? 

A. I heard General Lee say, that General Foreman was 
to pilot a column by a road which would lead them to the 
enemy's front as they were retreating, by which means he 
13 i i i >p3 s of cutting them off. That is all T heard of any 



63 

disposition being made for attacking the enemy, and why it 
did not take place I do not know. 

Q. When General Lee ordered the troops to retreat from 
the orchard, did he mention any place to retreat to? 

A. He did not, in my bearing. 

Q. Were the orders yon heard General Lee give the 28th 
of .June, given distinct and clear? 

A. I thought Genera] Lee seemed to he a good deal em- 
barrassed, and that his orders were indistinct. 

Q. Was the retreat made in an orderly or disorderly 
manner, and in what particular manner? 

A. There was no precise direction given in what manner 
the troops should retreat, that 1 know of Near the Court- 
house they were in such a huddle that General Portal ob- 
serve J to General Lee, that terrible havoc would be made 
amongst them by the enemy's grape-shot, if they should 
advance rapidly upon them, they being in that condition. 
Afterwards, when our troops were retreating from Carr's 
house, the artillery of General Lee's corps was sent forward 
in front of the retreating troops, and there was none left 
to check the enemy's progress at a very advantageous de- 
tile. 

Q. What was General Washington's intelligence concern- 
ing the disposition of the enemy, previous to the orders 
given to General Lee? 

A. That their rear guard consisted of their grenadiers, 
light corps and chasseurs. ! repeat this from memory. 1 
do not recollect that those were the exact words of the in- 
telligence the General received. 

Question by the Court. — What intelligence did you give 
General Lee relative to the situation and circumstances of 
the enemy, when you rode back to him 



? 



64 



A. I informed him that while I was on the open ground 
between Carr's house and Freehold, two small bodies of the 
enemy, I took them to be regiments, marching by files, ad- 
vanced in the woods on either hand, which manoeuvre, I ap- 
prehended, was a final preliminary to their finally quitting 
the village, or was made with a design of driving away the 
small detachment of cavalry with which I was. 

Question by the Court. — What distance do you think it is 
from Freehold to Carr's house ? 

A. I do not think it is above half a mile. 

Question by the Court — What was the situation of the 
enemy when the three regiments were ordered to retreat, 
that had been previously ordered to turn the enemy's left 
flank ? 

A. The enemy had changed their front to the left, and were 
advancing. 

General Lee's question. — What point of time was it I in- 
formed you that General Foreman was to conduct a column 
of mine through the woods, in order to take what we con- 
ceived a covering party of the enemy in their rear ? 

A. I think you told me that about the time that I re- 
ported to you that the enemy was formed. 

General Lee's question. — Do you recollect any other con- 
versation I had with you than what you have mentioned, or 
any complaints I made to you ? 

A. I think you said that General Maxwell had removed 
his troops f. 0.11 a ground where lie was ordered to remain' 
that otherwise the enemy would have been taken in a for- 
ceps. I think you made a complaint respecting General 
Scott, but I do not recollect clearly what it was. 

General Lee's question. — Did you impute my embarrass- 
ment to my uneasiness, by having been counteracted by 



65 



some officers under iny command, to the contradictory intel- 
ligence I received, or to my want of a personal tranquillity 
of mind ? 

A. I imputed it to want of presence of mind. 

General Lee's question. — Are you sure that you saw the 
two pieces of cannon under Lieutenant-Colonel Oswald un- 
supported ? 

A. I am sure there was not a foot soldier near them, 
except artillerymen. 

General Lee's question. — On which side of the ravine 
were they ? 

A. When I first saw them, they were on the near side, 
speaking relative to our position; they afterwards crossed 
and remained unsupported. 

General Lee's question. — Are you sure I gave no precise 
order in the manner the troops should retreat to the differ- 
ent corps ? 

A. I never heard myself of any orders being given, nor 
ever heard of any order being given by inquiring of offi- 
cers. 

General Lee's question. — Were you ever in an action 
before ? 

A. I have been in several actions ; I did not call that an 
action, as there was no action previous to the retreat. 

General Lee's question. — What time was it you reported 
to me the enemy were formed ? 

A. I do not know the hour, but it was previous to the 
manoeuvre of the three regiments to the enemy's left, and 
while part of your troops were marching to the edge of the 
woods where they afterwards ha'ted. 

Q. Did you carry any express order from General Wash- 
ington to General Lee respecting his attacking the enemy ? 



C>G 



A. I did not. 

Q. Did you see General Maxwell's brigade during the 
retreat? 

A. Not in the first part of the retreat. They retreated 
through the woods. 

Q. Had they been opposed to the enemy's right or left? 

A. As I was on the right of our troops, I cannot answer 
particularly relative to their situation. 

Lieutenant-Colonel Hani il ton. 

Q. What was the strength of the corps under the com- 
mand of General Lee the 28th of June ? 

A. To the best of my knowledge the strength of the corps 
under his immediate command at English-Town, was about 
five thousand rank and file; besides these, Colonel Morgan, 
with about six hundred men, and General Dickinson at the 
head of a body of militia, as 1 understood, of eight hundred 
men, were subject to his orders for the purpose of co-opera- 
tion. 

Cj. Did you fall in with the troops under the command of 
General Lee the 28th of June ? 

A. I had been sent by General \Vashington to reconnoiter 
the intermediate country between him and the advance 
corps under the command of General Lee, which 1 fell in 
with at some distance beyond the Court-house. 

Q. What was the situation of General Lee's troops when 
you fell in with them ? 

A. They were issuing out of a wood on the left of the 
Court-house, in two or three small columns, so near to each 
other as, in my opinion, to be incapable of displaying, to 
which also their situation in the woods was an impediment. 



or 

These columns were in an oblique direction with respect to 
the enemy, rather towards I heir right, and within cannon 
shot. I heard several questions about artillery, of which 
there seemed to be a deficiency, and some confusion ap- 
peared to exist with respect to their situation and circum- 
stances I think 1 understood from General Lee, that some 
troops had been advanced through the woods towards the 
enemy's right. I rode up to the front of the columns, from 
whence I perceived the situation of the enemy, and ob- 
served their cavalry were filing off towards their left, as if 
with design to attempt something on the right of General 
Lee's troops; this I informed him of, and submitted to him 
whether it would not be proper to send some troops to coun- 
teract that manoeuvre of theirs, and turn their flank ; he 
approved the suggestion, and authorized me to give orders 
for that purpose to a column on the right. The Marquis de 
La Fayette led this column, to whom I delivered the orders 
accordingly, which were to wheel by his right, gain and 
attack the enemy's left flank. After this, I was under the 
necessity of returning, to report to General Washington 
what I had done in the execution of his orders. To explain 
more particularly the situation of General Lee's troops, I 
would mention some circumstances that I have omitted: 
There appeared to be a continuation of the wood, out of 
which the columns were issuing towards the enemy's right ; 
the ground in front of the columns, as far as the enemy, 
seemed plain and open, without any material obstacles; that 
which was more immediately occupied by General Lee's 
troops was something lower than that which was occupied 
by the enemy; but the difference, in my apprehension, was 
not so material as to be any considerable impediment to an 
attack, and the distance between the enemy and advanced 



68 



corps was such, that it appeared to be extremely dangerous 
to change the position by a retrograde movement in the face 
of the enemy. 

Q. What was the situation of the enemy, and numbers ? 

A. The enemy were drawn up with their right near a 
wood, their left on open ground covered by their cavalry, 
and forming an obtuse angle with the Court-house ; the 
whole force I saw at that time did not exceed eight hundred 
infantry and cavalry, to the best of my judgment, if there 
were so many. 

Q. Was any disposition made by General Lee for attack- 
ing the enemy that you saw ? 

A. Only the one I have mentioned, the sendiug of troops 
to attack their left flank, and the one of which I believe T 
was told by General Lee of sending off troops to attack 
their right flank. I saw no co-operation with these move- 
ments by any general disposition of the remaining troops. 

Q. Did you fall in with General Lee's troops afterwards? 

A. I came up with them in their retreat a little time 
before the stand was made, by which the enemy received 
their first check. I heard General Washington say to 
General Lee, that it would be necessary for him (General 
Washington) to leave the ground and form the main body of 
the army, while I understood he recommended to General 
Lee to remain there, and take measures for checking the 
advance of the enemy; General Lee replied, he should obey 
his orders, and would not be the first man to leave the field. 
I was some little time after this, near General Lee, during 
which, however, I heard no measures directed, nor saw any 
taken by him to answer the purpose before-mentioned. I 
understood a body of our troops, commanded by General 
Wayne, and under him Colonel Stewart and Lieutenant- 



69 



Colonel Ramsay, had been previously thrown into a wood 
on the left, in front of where I found General Lee, which, I 
was afterwards told, had been done by direction of General 
Washington. On the right I saw some pieces of artillery 
pretty advantageously posted, but destitute of covering and 
support. Myself and others observed this to General Lee ; 
no troops were sent, that I know of, by his direction to sup- 
ply the defect, but, on its being suggested that the cannon 
would certainly be lost if left there in so unsupported a 
condition, General Lee ordered them to be drawn off. Pre- 
vious to that, I believe I rode towards Colonel Livingston, 
who was at the head of a detachment of troops, and strongly 
advised him to march to the succor of the artillery ; this 
he did not immediately do, but after some conversation 
between us, I saw him, when at a small distance, marching 
his detachment to do what I had recommended to him. I 
now lost sight of General Lee, and rode towards the rear, 
where I found Colonel Olney retreating with a part of Gen- 
eral Varnum's brigade ; I pressed him to form his troops 
along a fence which was near him, which he immediately 
performed, and had a smart conflict with the enemy. These 
were all the measures I knew of, taken by any part of the 
advanced corps to check the progress of the enemy, after my 
coming the second time to General Lee. 

Q. Were the troops, when you fell in with them the sec- 
ond time, retreating in order or disorder, and in what 
particular manner ? 

A. The corps that I saw were in themselves in tolerable 
good order, but seemed to be marching without system or 
design, as chance should direct ; in short, I saw nothing 
like a general plan or combined disposition for a retreat ; in 



70 



this, however, the hurry of the occasion made it very difficult 
to have a distinct conception. 

Q. Was there any body drawn up in their rear to cover 
their retreat that you saw ? 

A. I saw no such thing. 

Q. Were the orders that you heard General Lee give that 
day, given distinct and clear? 

A. I recollect to have heard General Lee give two orders : 
at both times he seemed to be under a hurry of miud. 

Q. Did General Lee, to your knowledge, advise General 
Washington of his retreat ? 

A. He did not, to my knowledge. 

Q. What was General Washington's intelligence concern- 
ing the disposition of the enemy previous to the orders 
given to General Lee ? 

A. When the Marquis de La Fayette first went out with 
his detachment, I accompanied him. The next day, after we 
received intelligence that the enemy had changed their dis- 
position, and as they were presenting their rear to us had 
composed it of the flower of their army, consisting of their 
whole grenadiers, light infantry and chasseurs of the line. 
This intelligence I communicated by letter to General 
Washington the 26th of June, in the evening ; which letter, 
I have since understood by some gentleman of the family, 
was received by him. 

Question by the Court. — What became of the troops of 
the advanced corps, after the time you saw Colonel Living- 
ston moving to the succor of the cannon ? 

A. It was after this that I assisted in forming the troops 
under Colonel Olney. In the action they had with the 
enemy my horse received a wound, which occasioned me a 
fall, by which I was considerably hurt. This and previous 



71 

fatigue obliged me to retire, and prevented my knowing 
what became of the detachments of the advanced corps after 
that circumstance. 

Question by the Court. — How far from Monmouth Court- 
house to the place the troops made the first stand ? 

A. The several events I have related passed so rapidly 
that I could not at that time form any accurate judgment as 
to the relative distance of places, and was prevented by in- 
disposition from seeing them after the action. 

General Lee's question. — I should be glad to know from 
what point of action you mean, that you thought it would be 
dangerous to make a retrograde manoeuvre ? 

A. In the first situation I found the troops beyond Mon- 
mouth Court-house, where I first fell in wifti them, and 
where, I believe, they first came in view of the enemy. 

General Lee's question. — Do you recollect who commanded 
the two pieces' of cannon which you have mentioned were 
left unsupported, and were afterwards supported, as you say, 
by your advice ? 

A. I was not near enough to know the officer ; but from 
what I have since heard, I am led to suppose that Captain 
Cook commanded 'them. 

General Lee's question. — Did you hear me address myself 
in person to Colonel Livingston's detachment, entreating 
them to draw off either to the right or left, from before the 
cannon, in order to give to them the means of firing upon 
the enemy's cavalry, which was ranged exactly in front, and 
presented a very fine object ? 

A. I heard nothing of the kind ; for I was not with that 
regiment at the time it got up with the artillery. 

General Lee's question. — Did you not express in the field 



72 

an idea diametrically reverse of my state of mind, from 
what you have before mentioned in your testimony ? 

A. I did not. 1 said something to you in the field expres- 
sive of an opinion, that there appeared in you no want of 
that degree of self-possession, which proceeds from a want 
of personal intrepidity. I had no idea in my present evi- 
dence of insinuating the most distant charge of this nature, 
but only to designate that there appeared a certain hurry of 
spirits, which may proceed from a temper not so calm and 
steady as is necessary to support a man in such critical cir- 
cumstances. 

Lieutenant-Colonel Meade. 

Q. What number of men did the advance corps consist 
of under General Lee the 28th of June ? 

A. I understood the number under General Lee's imme- 
diate command amounted to about five thousand. 

Q. Did you fall in with the troops under the command of 
General Lee the 28th of June ? 

A. On the first firing General Washington heard, he 
ordered me to proceed and see General Lee, and know how 
matters stood. On my way I met with some troops retreat- 
ing; I rode quickly by them, though I observed that the 
front of them was a good deal scattered, and no order observed. 
As I advanced, I found them in much better order, when I 
met with the Marquis de La Fayette, of whom I inquired 
where General Lee was ; he directed me, and I found Gene- 
ral Lee at a house that I think is distinguished by the name 
of Carr's house. I informed him that General Washington 
had sent me for information of the situation of matters; his 
reply was, they were all iu confusion ; I told him that Gen- 
eral Washington would be glad to know the particulars ; 



73 

that Mr. Harrison Randolph, an intelligent young gentle- 
man, (who was present with me,) would communicate to 
General Washington whatever General Lee might say ; that 
I myself would go on and get a view of the enemy. Gen- 
eral Lee replied again, that he had nothing to say, but they 
were all in confusion. 1 went on towards Monmouth Court- 
house. Not very far from the enemy I met with General 
Wayne, who was, I believe, reconnoitering; some few words 
passed between us. I told him I would go nearer to the 
enemy myself, and make the best observations 1 could. 1 
observed the front of the enemy advancing towards the 
village ; I attended as much as I could to observe their num- 
bers, and it appeared to me, from the best of my judgment, 
that those in motion amounted to about seven or eight hun- 
dred infantry As they advanced into the town, I inclined 
to my right ; these waited till the light-horse came on, when 
I found it not safe to remain there, and returned. On my 
way to the Court-house, I met with no troops except a few 
scattered men ; but on my return I saw Colonel William 
Butler and Colonel Guest nearly half way between Carr's 
house and Monmouth Court-house. Colonel William Butler 
asked me what he should do with the party under his com- 
mand ? I asked him if he had no superior officer there to 
apply to for directions ? I think he told me none. I in- 
formed him of the situation of the enemy, and as his men 
were exposed to the sun at that time, and a wood not far 
from them, I advised him to take them into the shade, as 
they might be as useful as where they were. I returned, 
and soon after met with General Washington, and informed 
him of what I had seen. I remember General Lee's men- 
tioning to me, (the time I do not recollect,) that General 
Scott had been well posted in a wood, and that he had left 
it, for what reason he could not tell. 



74 

Q. Did you hear General Lee give any orders to his 
troops while you were with him ? 

A. None. 

Q. Were there any steps taken by him or others while 
you were with him, to get the troops in order, that you saw .' 

A. None. I was with him but a very short time, and saw 
but very few troops where he was. 

Q. What was General Lee about when you came up with 
him ? 

A. He was sitting on his horse, doing nothing that I saw. 
There were some gentlemen around him; I do not know 
what he might be saying to them. 

Q. Did General Lee advise General Washington of his 
retreat, to your knowledge ? 

A. I do not know that he did. 

Q. Did you hear any conversation pass between General 
Lee and General Washington the '28th of June ? 

A. I heard General Lee remind General Washington that 
he was averse to an attack or a general engagement, or words 
to that purport : and I think I heard General Lee also tell 
General Washington that he was against it in Council, and 
that while the enemy were so superior in cavalry we could 
not oppose them. 

Q. What time of the day did this conversation take 
place .' 

A. It was shortly after I returned from Monmouth Court- 
house, and I conjecture shortly after General Washington 
had got up to General Lee. 

Q. When General Lee mentioned to you that they were 
in confusion, did he express himself in a distinct and clear 
manner ? 

A. I understood him clearly. 



75 

Q. How far was it from General Lee, when he said they 
were all in confusion, to the place the enemy then were ? 

A. I should suppose it about a mile. 

General Lee's question. — Did you conceive I meant that 
the confusion arose from certain officers quitting their 
posts without authority, contradictory intelligence, or some 
such circumstances, or positively that the troops were in 
confusion ? 

A. I had no idea of the confusion being partial, but that 
you meant the troops in general were in confusion. 

The Court adjourns till to-morrow, nine o'clock. 

JULY 14th. 
The Court met according to adjournment. 

Colonel Ogden being sworn : 

Q. Did you march with the troops under the command of 
General Lee towards the enemy the 28th of June ? 

A. Yes. General Maxwell's brigade, to which I be- 
longed, together with General Scott's and General Wayne's 
detachments, lay at the Sun Tavern, about five or six miles 
from Allen-Town, on the Monmouth Court-house road, when 
we received orders to join General Lee at English-Town. 
We joined General Lee the 27th. The 28th, in the morn- 
injr, the brigade was ordered to parade and march to 
Craig's mills; after we had marched a few hundred yards, 
that order was counteimanded, and we were ordered to 
join the troops that had gone towards the Court-house. 
We joined them at or near Freehold Meeting-house ; we 
marched on the Monmouth Court-house road from that place 

about a mile and a half, or two miles, when we took a left- 

10 



76 

hand road, which we followed about a half a mile, when we 
received orders to go to the right-about; we then marched 

back into the Monmouth Court-house road, which we crossed 
inclining to the left, till we came to a large clear iield. 
General Maxwell was then in front ; I rode to him, and 
inquired where the brigade was to form; he told me he had 
no orders to form, and desired I would lead on the brigade 
in the direction they were then marching. At this time I 
did not consider it as a retreat, hut expected we were going 
to form. At this time 1 saw two columns of our men com- 
ing up from towards the Court-house. I saw, I think, two 
or three pieces of artillery halted ; the limbers were taken 
off. I heard mention 1 icing made of, I think, Colonel 
Stewart's regiment being ordered to cover this artillery ; 
the other troops continue i to march from the Court-house. 
At this time I saw a Mr. Wikoff ride up to General Lee, 
and began giving him some information : lie was interrupted 
by General Lee, and put off. The brigade was still moving 
on from the Court-house. I rode again to General Maxwell, 
and asked him where the brigade should form. He said he 
had no orders for forming them. By this time we had 
crossed the morass that was between the enemy's encamp- 
ment and ours the evening after the action, and came near 
the hedge-row. At this time I saw no disposition for facing 
the enemy, but understood that General Maxwell had orders 
to move his brigade near to some cross-road. I begged of 
General Maxwell to let me halt my regiment ; he consented, 
and I drew them up on the left of the hedge-row, in a piece 
of woods, expecting to have had an opportunity of covering 
our men retreating. After I had been there six or eight 
minutes, Major Ogden came to me ; he asked me how he 
could be of the most service to me ; I told him by rccon- 



77 

noitering the enemy and giving me notice. As long as my 
right flank was secure, on my left was a morass, I apprehended 
no danger from that quarter. A few minutes after this, one 
of General Lee's aids came to me, and told me that General 
Lee expected that I would not leave that ground ; I told 
him that he might assure General Lee that I should not 
leave it as long as my right flank was secure. In a short 
time after this, there was a pretty smart firing of musketry 
on the right, in my front, immediately on which, a number 
of our men that had been engaged, retreated towards me 
in a direct line from the enemy ; immediately on which 1 
saw the enemy had crossed the morass on my left, and was 
moving down on that quarter, on which I ordered a re- 
treat. 

Q. Who did the order come from to go to the right- 
about ? 

A. I do not know. It came to me from Colonel Dayton. 
Q. Were the two columns of our men that you saw retir- 
ing, retiring in order or disorder ? 
A. In order. 

Q. Did you receive any other order from General Lee 
the 28th of June, besides the order you received by his 
aid? 
A. No. 

General Lee's question. — Do you conceive I prevented 
Mr. Wikoff giving me information, and sent him off in a 
huff? 

A. I thought so. Mr. Wikuff in some measure apologized, 
as if he had looked upon it rather as an intrusion, and 
turned off. 

General Lee's question.— Did you hear the conversation 
between me and Mr. Wikoff? 



78 

A. I did not. There was no conversation. He came up 
as if to give you information, and you put him off, as I have 
before mentioned. 

Lieutenant-Colonel Fitzgerald. 

Q. What was the strength of the advance corps under the 
command of General Lee the 28th of June ? 

A. About five thousand, according to the best informa- 
tion I could receive. 

Q. Did you fall in with the troops under the command of 
General Lee the '28th of June ! 

A. I did. In the morning three other aids belonging to 
General Washington had been sent on other business; I 
was the only one that remained with him, until we went 
about two-thirds of the way from English-Town to where 
the action was; Colonel Hamilton then returned and pointed 
out to General Washington the necessity there was of send- 
ing part of the army upon our right, in case of an accident 
to the troops under the command of General Lee, or the 
enemy's attempting to turn that flank. General Knox came 
up soon after ; he urged the necessity of it in very strong 
terms, and, to the best of my recollection, made use of the 
word confusion, which I understood he meant to be in the 
troops under General Lee; that when he left them some 
confusion appeared ; accordingly a part of the army was 
ordered that way. Colonel Harrison and myself then re- 
quested leave of the General to ride on to see what situa- 
tion things were in : we had not got far before we met many 
scattering troops: upon asking where they were going they 
said they were ordered back to refresh themselves. We 
then met other large parties coming oil', some in tolerable 
good order, others in great confusion. We asked the officers, 



79 



sometimes together, sometimes separately, what could be 
the cause of it, or where they were going to ? The general 
answer was, that they were ordered to retreat, but did not 
know to what place. When we came towards that defile on 
the left of Mr Wikoff's house, where the first stand was 
made, we there met a great many coining off, rather in dis- 
order. A French gentleman, who I believe to be Colonel 
Garion, second in the Engineer Department, told me that 
our men were retreating in great disorder, and the enemy 
pressing close upon them; that that was an advantageous 
piece of ground, and begged I would give orders to stop 
two pieces of cannon there, that were just passing, in order 
to cover the retreat of our men. I told him I was not 
authorized to give any orders, and Colonel Harrison and 
myself proceeded towards Carr's house. I there saw 
General Lee sitting on horseback at the fence, and the 
enemy advancing, at I think, better than half a mile dis- 
tance. I had some talk with Captain Mercer, one of General 
Lee's aids, and, among other questions, asked him the rea- 
son of the retreat. I do not recollect the words of his an- 
swer, but he gave me to understand that we were all very 
much deceived, and that instead of finding a covering party 
as was expected, the enemy's whole force was drawn up to 
receive them. Some few troops were drawn up in the 
rear of the fence where General Lee was ; they soon after 
marched off, by whose order I do not know. Colonel Har- 
rison and myself remained reconnoitering the enemy ; he 
asked me if I thought there could be more than a thousand 
of them. I told him T believed there were from twelve to 
fifteen hundred. About this time General Lee rode back 
towards that defile, with some scattered troops ; I then ad- 
vanced through a grain field, where Colonel Dehart was 



80 

taking a view of the enemy, and remained there until we 
thought it imprudent to stay any longer, as the British light- 
horse began to come pretty near. Previous to this, while we 
were at the fence, Colonel Harrison asked a number of gen- 
tlemen who were round us, if they understood whether or 
no General Washington had any information of the situation 
of things ; upon no answer being made, he proposed that he 
or I should return and acquaint him with what I saw He 
soon after repeated this proposal, upon which I pressed him 
to return and give the General an account. After leaving 
the grain field, I rode back towards the defile, and after 
crossing it, found General Washington on the high ground, 
giving orders for rallying some troops towards opposing the 
progress of the enemy at this point. He inquired for some 
cannon, and was told they had gone forward. He then 
ordered some pieces to be immediately brought back. Up- 
on my coming up to him, he asked me if I was able to find 
out the meaning of the retreat. I told him not, that I 
expected that would be a subject of inquiry for a future 
day. but in the mean time, some great exertions must be 
used, as the enemy were pressing on. By this time Lieu- 
tenant-Colonel Oswald returned with, I believe, two pieces 
.it cannon, and the enemy's cannon appeared on the other 
side of the run ; General Washington ordered the troops 
under Colonel Stewart and Lieutenant-Colonel Ramsay to 
incline to their left, that they might be under cover of a 
corner of wo< ds, and not exposed to the enemy's eannon 
that were in their front. He then retired, as I supposed, 
to give orders for the formation of the other part of the 
army. A warm cannonade then began, two or three pieces 
of cannon being brought up to the assistance of Lieutenant- 
Colonel Oswald. Lieutenant-Colonel Oswald then rode up 



81 



to me, told me that his men were exceedingly much fa- 
tigued, and would not be able much longer to work the 
pieces ; I referred him to General Knox, who was within a 
small distance. Soon after this a heavy fire began between 
the troops under Colonel Stewart and Lieutenant-Colonel 
Ramsay and the advanced troops of the British army, in 
the skirt of the woods before-mentioned. Colonel Oswald 
rode up to me again, seemed much embarrassed and dis- 
tressed for the preservation of his pieces, and said he must 
certainly lose them, as he had no infantry for their support. 
By this time Colonel Stewart and Lieutenant-Colonel Bam- 
say 's men were obliged to give way, and the enemy pressed 
on close, but were checked by a detachment which 1 sup- 
posed to be under the command of Colonel Livingston. I 
then turned to the rear of Lord Stirling's line, where Gene- 
ral Washington was ; there I saw General Lee ; Captain 
Mercer came up and asked me if I was now convinced that 
the whole cf the British army was there ? To the best of 
my recollection, I told him I had formed no such opinion. 

Q. How strong did the enemy appear to be as they were 
advancing? 

A. I think from twelve to fifteen hundred. I do not re- 
collect, whether my idea (at that time) took in their cavalry 
or not. 

Q. Did you hear General Lee give any orders to the 
troops when you saw him at Carrs house ? 

A. I think from my going there until General Lee retired 
off that field, was from twenty minutes to one-half an hour; 
during which time I heard no orders given, nor saw any 
plan formed or adopted for checking the progress of the 
enemy. 

Q. Did General Lee appear tranquil or disturbed ? 



82 

A. General Lee appeared serious and thoughtful. 

Q. Did you hear any conversation take place between 
General Lee and General Washington that day ? 

A. No. General Lee had rode up to General Washing- 
ton before I returned, as I afterwards understood. 

Q. Were the troops you saw retreating in order or dis- 
order, and in what particular manner ? 

A. They mostly retreated rather in disorder, which ap- 
peared to me to have proceeded as much from being ign< - 
rant of the place they were to go to, as from the retreat 
itself. Some were retreating in column and some scattered. 

Question by the Court. — Did you understand there was 
any covering party appointed to the artillery of Lieutenant. 
Colonel Oswald's that day .' 

A. I did not. 

Lieutenant-Colonel Harrison being sworn : 

Q. How strong was the detachment under the command 
of General Lee the 28th of June ? 

A. I never saw a regular return of that detachment, but 
understood it amounted to about five thousand rank and file, 
exclusive of the corps under Colonel Morgan. 

Q. Did you fall in with the troops under the command of 
General Lee the 28th of June? 

A. On the 28th of June, as one of his Excellency's suit, 
I marched with him till we passed the Meeting-house near 
Monmouth, to where the roads forked. When we came to 
where the roads forked, his Excellency made a halt for a 
few minutes, in order to direct a disposition of the army. 
The wing under General Green was then ordered to go to 
the right to prevent the enemy's turning our right flank. 
After order was given in this manner, and his Exeelleucy 



S3 

was proceeding down the road, we met a fifer, who appeared 
to be a good deal frightened. The General asked him 
whether he was a soldier belonging to the array, and the 
cause of his returning that way ; he answered, that he was 
a soldier, and that the Continental troops that had been 
advanced were retreating. On this answer the General 
seemed to be exceedingly surprised, and rather more exas- 
perated, appearing to discredit the account, and threatened 
the man, if he mentioned a thing of the sort, he would have 
him whipped. We then moved on a few paces forward, 
(perhaps about fifty yards,) where wc met two or three per- 
sons more on that road : one was, I think, in the habit of a 
soldier. The General asked them from whence they came, 
and whether they belonged to the army ; one of them replied 
that he did, and that all the troops that had been advanced, 
the whole of them, were retreating. His Excellency still 
appeared to discredit the account, having not heard any 
firing except a few cannon a considerable time before. 
However, the General, or some gentleman in company, 
observed that, as the report came by different persons, it 
might be well not wholly to disregard it. Upon this I 
offered my services to the General to go forward, and to 
bring him a true account of the situation of matters, and 
requested that Colonel Fitzgerald might go with me. After 
riding a very short distance, at the bridge in front of the 
line that was afterwards formed on the heights, I met part 
of Colonel Grayson's regiment, as I took it, from some of 
the officers that I knew. As I was in pursuit of information, 
I addressed myself to Captain Jones, of that regiment, and 
asked him the cause of the retreat, whether it was general, 
or whether it was only a particular part of the troops that 

were coming off? I do not precisely recollect the answer 

11 



84 

that he gave me ; hut I think, to the best of my knowledge, 
he said, yonder are a great many more troops in the same 
situation. I proceeded and fell in with Lieutenant-Colonel 
Parke : these troops were rather disordered. The next officer 
that I was acquainted with was Lieutenant-Colonel William 
Smith. I addressed myself to Colonel Smith, and asked 
him what was the cause of the troops retreating, as I had 
come to gain information ! who replied that he could not tell, 
that they had lost but one man. I then proceeded down 
the line, determined to go to the rear of the retreating 
troops, and met with Colonel Ogden. 1 asked him the 
same question, whether he could assign the cause, or give 
me any information why the troops retreated. He ap- 
peared to be exceedingly exasperated, ami said, By God! 
they are flying from a shadow. I fell in immediately after 
with Captain Mercer, who is Aid-de-Camp to Major-Ceneral 
Lee, and, expecting to derive some information from him, 
I put the same question to him. Captain Mercer seemed, 
by the manner of his answer, (as I addressed myself tohim, 
saying, For God's sake, what is the cause of this retreat ?) to 
be displeased : his answer was, if you will proceed, you will 
see the cause ; you will see several columns of fool and horse. 
I replied to Captain Mercer that I presumed that the enemy 
was not in greater force than when they left Philadelphia, 
and we came to that field to meet columns of foot and horse. 
The next field-officer 1 met was hioutenant-Colonel Rhea, of 
New Jersey, who appeared to he conducting a regiment. I 
asked him uniformly the same question for information, and 
he appeared to be very much agitated, expressed his disap- 
probation of the retreat, and seemed to be equally concerned 
(or perhaps more) that he had no place assigned to go where 
the troops were to halt. About this time 1 met with Gene- 



85 

ral Maxwell : and agreeable to the General's direction to 
get intelligence, I asked him the cause. He appeared to be 
as much at a loss as Lieutenant-Colonel Rhea, or any other 
officer I had met with ; and intimated that he had received 
no orders upon the occasion, and was totally in the dark 
what line of conduct to pursue. I think nearly opposite to 
the point of wood where the first stand was made, I saw 
General Lee. I do not recollect that anything passed be- 
tween us, but General Lee's asking me where General 
Washington was ; and my telling him ho was in the rear ad- 
vancing. I then went to the extreme of the retreating 
troops, which were formed of Colonel Stewart's regiment, 
and found them in the field where the enemy retreated to, 
just beyond the defile. I addressed myself to General 
Wayne, General Scott, and, I believe, to Colonel Stewart, 
and to several other officers who were there; and asked 
General Wayne the cause of the retreat, who seemed no 
otherwise concerned than at the retreat itself, told me he 
believed it was impossible to tell the cause; and while we 
were standing together, which 1 supposed might be three or 
four minutes, the enemy's light infantry and grenadiers 
came issuing out of the wood, pressing very hard upon us at 
about two or three or four hundred yards distance. The 
troops that had been halted were put in motion. I had 
some conversation with General Wayne relative to a dispo- 
sition of the troops, if nothing could be done to check the 
advance of the enemy, who seemed to consider the matter 
exceedingly practicable, provided any effort or exertion was 
made tor the purpose, alleging that a very select body of 
men had been that day drawn oil' from a body far inferior in 
number. General Wayne then told me, that as General 
Washington might not be perfectly well acquainted with the 



86 



country, that it might be well to advise him of a road, if I 
met him, that led by Taylors Tavern, on which it would be 
necessary to throw a body of troops, in ease the enemy 
should attempt to turn our right flank. I, upon this, left 
General Wayne, and galloped down the line to meet Gene- 
ral Washington, to report to him the state of our troops, 
and the progress of the enemy. I met General Washing- 
ton at the point of wood, or near it, where the first stand 
was made, and reported to him what I had seen, adding that 
the enemy were pressing hard, and would he upon him in a 
march of fifteen minutes : which (I have since understood) 
was the first information he received of the enemy being so 
close upon our retreating troops. We remained there a few 
minutes until the extreme rear of our retreating troops got 
up. The General looked about and said that it appeared to 
be an advantageous spot to give the enemy the first check. 
General Wayne came up at the same time, seemed to be 
anxious for the measure, and thought it a very good place 
also. General Washington, upon this, called for one or two 
battalions to check the enemy at that spot, and asked what 
officers he should use upon the occasion. General Wash- 
ington seeing Colonel Eamsay, called on him, and told 
him he was one of the officers he should depend upon that 
day to give the enemy a check, and seeing Colonel Stewart, 
I believe he addressed himself to him in the same manner. 
The battalions were formed, I believe, under the direction 
of General Wayne; and General Washington observed, that 
he would ride back ami make a disposition of the army, 
while these troops acted to check the advance of the enemy. 
There were, at the same time, two pieces of artillery, I 
think, ordered to form upon the right of these troops ; I 
believe they were ordered to form by General Washington, 



87 



as I heard him to call out for some artillery at the same 
time he gave orders for the battalions. In a little time the 
troops inclined to the left, advancing still under the direc- 
tion of General Wayne, into a piece of woods, and there 
they stood and received the fire of the enemy. Much about 
this time, near the point of woods, if I mistake not, T saw 
General Lee, and I remember some conversation passed 
between him and Colonel Hamilton. From the tenor of 
General Lee's question to Colonel Hamilton, Hamilton had 
either suggested some measure to General Lee, which 
Hamilton conceived proper, and which was disapproved by 
General Lee, or had condemned some measure that had 
been adopted by General Lee ; because I recollect General 
Lee asked Hamilton, Do I appear to have lost my senses, 
or do I appear to be out of my senses ? or a question of that 
import. The troops, in a short time, were driven out of 
the wood and we retreated ; the two pieces of artillery that 
were placed on the right, I saw left entirely unsupported 
and uncovered, as the two battalions to which they were 
attached had inclined to the left and gone into the wood. 
The two pieces of artillery began to retreat and fell back 
the distance of thirty or forty yards, when it was observed, 
as I think, by some gentlemen, that there would be great 
danger of the British troops turning the point of woods and 
falling upon the right flank of the two battalions under 
Colonel Stewart and Lieutenant-Colonel Ramsay. Colonel 
Hamilton and some other persons rode up, and requested 
the officer to advance again to the ground they had left with 
the artillery, for the purpose of firing upon the enemy. I 
s:i\v at this time, Lieutenant-Colonel Oswald, of the train, 
who appeared to be exceedingly anxious for the security 
of his pieces there being unsupported, and I think he asked 



some gentlemen what he should do, or could do with the 
pieces in that situation ; he was referred to General Knox, 
wIki was but a very small distance from us. General Knox 
seemed to be under the same embarrassment, and thought 
they were in a very dangerous condition ; but upon its being 
observed by some gentlemen that these pieces would be of 
infinite advantage to check the progress of the enemy, he 
called out for some troops to cover them, and called upon 
his friend, Colonel Harry Jackson, by name. Whether any 
troops came or not I do not recollect. 

Q. Did you hear General Lee give any orders that day ? 

A. I do not recollect to have heard General Lee give any 
order that day. I was with General Lee twice, and then but 
a very short time, perhaps not above five minutes. 

Q. What was General Washington's intelligence concern- 
ing the disposition of the enemy, previous to his orders to 
General Lee ? 

A. Before the army marched from Cranberry, General 
Washington was informed, by a letter from Colonel Hamil- 
ton, on the 26th of June, who was on a detachment with the 
Marcpiis de La Fayette ; his expressions were, from what I 
have heard and seen, the enemy have made a very judicious 
disposition. They have placed their baggage in front, and 
the whole of their flying army in the rear, with a strong 
rear guard of a thousand men, at four hundred paces dis- 
tant ; adding, that unless the army were in supporting dis- 
tance, he did not think it advisable for that detachment to 
attack them. This is the substance of the intelligence. 

Question by the Court. — Did you discover or understand, 
upon your advancing towards the enemy, that they were in 
great force ? 

A. I do not know what number of the enemy might have 



89 

presented themselves to persons who had been as far down 
as Monmouth Court-house, or below where I was, but I did 
not myself, according to the best of my judgment, see two 
thousand of the enemy that day, including their cavalry, 
aud taking in a column that advanced towards our left. 

Doctor M'Henry being sworn : 

Q. What capacity were you in in the field the 28th of 
June ? 

A. As one of his Excellency General Washington's 
suite. 

Q. Did you see General Lee the 28th of June? 

A. I saw him previous to his retreat and after his re- 
treat. 

Q. Where did you see him ? 

A. On the road with his troops, they on their march 
towards the enemy, a little on the left of Monmouth Court- 
house, but how far to the left, whether on this side or 
beyond it, I cannot fix by description ; I told him I had 
come from the General, and asked him if he had any infor- 
mation to send back by me, as I was returning again ; he 
desired me to inform his Excellency that the enemy did not 
appear to well understand the roads — that the route he was 
then on cut off two miles — that the rear of the enemy was 
composed of fifteen hundred or two thousand — that he ex- 
pected to fall in with them, and had great certainty of cut- 
ting them off". I then took my leave of General Lee, and 
had got above twenty yards from him when he called 
M'Henry, and I returned to him. You will also, said 
General Lee, tell his Excellency that General Wayne and, I 
think, Colonel Butler, are amusing them with a few loose 
cannon shot, while I perform this route ; say also to him 



00 



that the enemy are constantly changing their front, ■which is 
a usual thing with those who retreat. 1 then left the Gene- 
ral ; he spoke it with a fixed and firm bone o{ voice and 
countenance, which suggested to me the certainty of suc- 
ceeding, and 1 made the report accordingly to General 
Washington. 

Q. Where did von see General Lee after the retreat ! 

A. While General Washington was forming the regiments 
under Colonel Stewart and Lieutenant-Colonel Ramsay, 
General Lee came up. General Washington, upon his ap- 
proaching, desired of General Lee the cause oi' the retreat 
of the troop- .' General Lee hesitatingly replied, sir — sir. 
General Washington then repeated, I think, the question a 
second time: 1 did not clearly understand GerferaJ Lee's 
reply to him, hut can just remember the words contusion, 

contradictory information, and some other words of the same 
import. The manner, however, in which they were deliv- 
ered. I remember pretty well; it was confused, and General 
Lee seemed under an embarrassment in giving the answer. 
I saw General Lee where Lord Stirling was formed, a little 
after the time Colonel Stewart and Lieutenant-Colonel Ram- 
say had given way ; he there mentioned to his Excellency 
and some others that were round him, that effects such as 
happened feO-day, would always he the consequence of a 
great superiority in cavalry ; General Lee said something 
at the same time o( his being against the measure, hut what 
measure it was 1 do not certainly know: I saw General Lee 
again tit Lnglish-Town, when I was ordered to go ami send 
the baggage forward, in case the day should prove unlucky. 
The General was on horseback, observing to a number of 
gentlemen who were standing round, that it was mere folly 
or maduess, or words that conveyed to me a meaning oi' 



91 

that, kind, to make attempts against the enemy where they 
possessed so great a superiority in cavalry, and that, under 
such circumstances, we could not lie successful. I then re- 
turned to his Excellency. 

General Lee's question. — When I expressed a disappro- 
bation of committing our troops to the enemy when they 
had so great superiority of cavalry, did I not add, in a level 
country ? 

A 1 left vou abruptly, and while you were speaking to 
others, you might have mentioned it to them; 1 did not 
hear it. 

Colonel Tilghman being sworn : 

Q. l>id you see General Lee the 28th of June? 

A. On the 28th of June, as General Washington was ad- 
vancing with the main body of the army between English- 
Town and Freehold .Meeting, he met with Colonel Hamilton, 
who told him he had come from ourndvar.ee corps, and that 
he imagined from the situation he had left our van and the 
enemy's rear in, thej would soon engage. He advised 
General Washington to throw the right wing of the army 
round by the right, and to follow with the left wing directly 
in General Lee's rear to support him. He gave reasons for 
this disposition, which were thought good. While order 
was giving to make the disposition, a countryman rode up; 
on being asked where he came from, he said, from towards 
the Court-house ; lie was asked what news \ he said he heard 
our people wove retreating, and that that man, pointing to 
a lifer, had told him so. General Washington not believing 
the thing to he true, ordered the tiler under the care of a 
light-horseman, to prevent his spreading a report and damp- 
ing the troops who were advancing; hut that certain intelli- 

12 



92 



gcncc might bo gained, Colonel Fitzgerald and Colonel Sar- 
risson were sent forward; General Washington then rode 
on himself, and between Freehold Meeting and the morass 
that parted the two armies during the day, he met two 
regiments — Colonel Grayson's and Colonel Patton's ; Cap- 
tain Moore, I think, was at the head of Grayson's regiment; 
open the General asking him where these troops were 
going, the officer at first said they had been very much fa- 
tigued, and had been ordered off to refresh themselves ; be 
then said the particular duty they had been upon was to se- 
cure two pieces of cannon which had been left upon some 
part of the field in danger. The General then desired him 
to take his men into a wood near at hand, as they were ex- 
ceedingly heated and fatigued, and to draw some nun for 
them, and to keep them from straggling. The General 
asked the officer who led, it' the whole advanced corpswere 
retreating? lie said he believed they were. He had 
Scarcely said these words when we saw the heads of several 
columns of our advance corps beginning to appear. The 
first officers the General met were Colonel Shreve and 
Lieutenant-Colonel Rhea, at the head of Colonel Shreve's 
regiment. The General was exceedingly alarmed, finding 
the advance corps falling back upon the main body, with- 
out the least notice given to him, and asked Colonel Shreve 
the meaning of the retreat ; Colonel Shreve answered in a 
very significant manner, smiling, that he did not know, 
but that he had retreated by order, he did not say by 
whose order. Lieutenant-Colonel Rhea told me that he 
had been on that plantation, knew the ground exceedingly 
well, and that it was good ground, and that, should General 
Washington want him, he should be glad to serve him. 
General Washington desired Colonel Shreve to march his 



93 



men over the morass, halt thorn on the hill, and refresh 
them. Major Howell 'was in the rear of the regiment ; he 
expressed himself with great warmth at the troops coming 
off, and said he had never seen the like. At the head of 
the ne\t column General Lee was himself, when General 
Washington rode up to him, with some degree of astonish- 
ment, and asked him what was the meaning of this? Gen- 
eral Lee answered, as Dr. M'Henryhas mentioned, Sir, sir. 
I took it that General Lee did not hear the question dis- 
tinctly. Upon General Washington's repeating the question, 
General Lee answered, that from a variety of contradictory 
intelligence, and that from his orders not being obeyed, 
matters were thrown into confusion, and that he did not 
choose to beard the British army with troops in such a 
situation. He said that besides, the thing was against his 
own opinion. General Washington answered, whatever 
his opinion mighi have been, he expected his orders would 
have been obeyed, and then rode on towards the rear of the 
retreating troops. When General Lee mentioned that his 
orders had been disobeyed, he mentioned General Scott 
particularly; he said General Scott had quitted a very 
advantageous position without orders. General Washington 
had not rode many yards forward from General Lee, when 
he met Lieutenant-Colonel Harrison, his secretary, who 
told him that the British army were within fifteen minutes 
march of that place, which was the first intelligence he re- 
ceived of their pushing on so briskly. The General seemed 
at a loss, as he was on a piece of ground entirely strange 
to him; I told him what Lieutenant-Colonel Rhea had told 
me of his knowing the ground; he desired me to go and 
bring him as quick as possible to him; to desire Colonel 
Shrove to form his regiment on the hill, which was after- 



94 



wards our main position, and, I think, to get the two small 
regiments of Grayson's and Patton's there also, that the 
line might be formed as quick as possible. 1 oonducted 
Lieutenant-Colonel Rhea back to the General; when 1 got 
there, I saw Colonel Livingston beginning to form bis 
regiment along the hedge-row, where the principal scene 
of action was that day. Our retreating columns took up 
a great piece of ground, and there was one upon our left 
so far that the General thought it was a column of British 
troops endeavoring to turn our left; he desired General 
Cadwallader and myself to ride over and see what troops they 
were. I then left the hill, and did nut see General Lee 
afterwards. 

Q. Were our troops that you saw retiring, retiring in 
order or disorder, and in whal particular manner ! 

A. The tworegiments we first met, were in some disorder, 
the men were exceedingly heated, and so distressed with 
fatigue they could scaroely stand; the others, so far as their 
keeping their ranks in battalion or brigade, 1 think, were 
in tolerable good order ; but as to columns respectively in 
great confusion, as I am convinced a line could not have 
been formed of them in that situation. They neither kept 
proper intervals, nor were the heads of columns ranged. 

General Lee's question. — Was then- a defile in the rear .' 

A. There was. 

The Court adjourns till to-morrow, nine o'clock. 

JULY 15th. 

The Court met according to adjournment. 

Doctor Griffiths being sworn : 

Q. Had you any conversation with General Lee the 28th 
of June respecting the affairs of the day ? 



95 



A. I recollect perfectly well overtaking General Lee the 
28th of June, about one hour and a half after the action 
commenced, about half way between the Meeting-house and 
English-Town, as near as I can recollect, as he was re- 
tiring at the bead of his column. I asked the General, 
when I first overtook him, what appearance or what face 
things wore? his answer was, as I expected. I heard the 
General repeat the same to a number of persons at English- 
Town, who had asked him the same question, in almost 
the same words. From what followed in conversation, T 
thought his expectation was, that the day would be dis- 
graceful to the American arms ; and as sure as we did 
attack, we would be beat, and he went on to assign reasons 
for it; the superiority of the enemy in point of discipline, 
that they outflanked us in cavalry, and that they out- 
ruanoeuvered us, were urged by General Lee. General Lee 
asserted that his advice had ever been contrary to a general 
action, for the reasons I have already mentioned, and that it 
was impolitic or imprudent to risk anything, when we were 
sure of succeeding in the main point; that the connection 
with France would secure our independency, and the Ameri- 
can arms wanted no addition to their reputation. General bee 
asked me what reason.- could he assigned ? 1 told him it 
might add some lustre to their arms ; he said they needed 
none ; he added, that it had been determined upon in a 
council of officers, not to risk anything by an attack ; not- 
withstanding that, he had that morning received positive 
orders from General Washington to attack. General Lee 
likewise was of opinion that Congress would be offended at 
it, and asked me what I thought Congress would think of 
it; I understood from hi in that it was contrary to their 
sense. I reoollect General Lee's complimenting the offi- 



96 



cers and mcu on their conduct that day, and he appealed to 
them for his conduct whether he did not appear cool and 
possess himself. General Lee also mentioned he was going 
to English-Town by order of General Washington, to possess 
himself of the heights, in ease any disaster should happen 
to the army. 1 understood General Lee, lie seemed to think 
it would be taken amiss, or had been, 1 don't recollect 
which; that he had retired that day, and ho appealed to the 
officers whether he was disconcerted, or whether he was 
cool and lirm. 

Lieutenant-Colonel William Smith being sworn: 

Q. Were you with the troops under the command of 
General Lee, the 28th of June ? 

A. Yes. 

Q. Did you receive any orders from General Lee the 'JSth 
of June ? 

A. Yes; from General Lee and his Aid-de-Camp .Major 
.Mercer. The first order 1 received was from Major Mercer, 
after Colonel Jackson's corps were retiring from the field 
they were cannonaded on ; we marched by the left, and in 
consequence the lead of the battalion fell to me. I met 
.Major Mercer as 1 was crossing a morass, where the grena- 
diers took the lead, and I fell in the rear of the regiment. 
who desired me to proceed on and form on the left of the 
line : that General Lee had formed in the wood : we retired 
nearly upon the same road that we advanced, crossed the 
road and went into the field in front of the field when 1 the 
battle was fought, where I saw a considerable number of 
troops retiring, and a body upon our left forming. General 
Lee rode up to the regiment and spoke in these words : 
This blue regiment must form behind this fence ; the fence 



97 

was then in our rear. I told him the commanding officer 
was in front, if the orders were given there the whole regi- 
ment would halt; lie insisted upon the regiment's being 
formed immediately. I then stepped out and ordered them 
to the right-about, and marched them to the fence, where I 
formed them ; but, tu my great surprise, after they were 
formed, I found there was but one-half of the battalion, oc- 
casioned, I imagine, by their not heeding me in front. Colo- 
nel Jackson then came to me, and demanded the reason of 
my dividing the regiment. I told him that it was by Gene- 
ral Lee's order that I had marched the men to that post, 
and had no idea of making a separation ; he then ordered 
ine to file oft' and join the other half of the battalion, which 
I obeyed. Upon Colonel Jackson's ordering me off, Gene- 
ral L^e rode up, seemingly angry at our movement, being 
contrary to his direction, chipped his hand upon his sword, 
and demanded the reason of the regiment's leaving the post. 
J was then in the rear, ran forward to Geueral Lee, told 
him I thought an apology necessary, that I had fully obeyed 
his orders, but received counter orders from my superior 
ofticer, which I was obligated to obey. Colonel Jackson 
and General Lee then had some conversation together, and 
this half of the regiment proceeded on to join the other. 
Before I could overtake the front of the regiment, General 
rode up to me a second time, and ordered me to form the 
line there ; being then in the open field, General Lee told 
me he meant to effect a retreat, and I was stationed there to 
cover it. I then sent off Captain Jarvis, of Colonel Jack- 
son's regiment, to Major Taylor, who led the right wing of 
the regiment, with orders to march it back again and join 
me immediately, which he did. Some time after we were 
formed, I observed his Excellency General Washington 



9S 

riding up ; I rode up to liiin, told him that General Led 
had ordered me to form the line there, that my men were 
fatigued, and the sun very hot, begged his permission to 
advance to a wood, about four or five hundred yards in our 
front, where my men would be screened from the rays of the 
sun, and have the advantage of the cover of the wood if the 
enemy should advance ; his Excellency thought it best, and 
desired me to lead the regiment on ; before I reached the 
wood, Colonel Jackson came up to me and asked me the 
reason of mymarchingthe regiment : I gave him my reasons, 
and he ordered me to file off and retire : then led ns off the 
field to English-Town. 

Q. Where the troops you saw retiring, in order or dis- 
order ? 

A. They inarched in order, as to their own corps, though 
the different corps were so close together that the line, in 
my opinion, could not be formed, without considerable con- 
fusion. 

Q. Did you find the line in the wood that .Major Mercer 
ordered you to retire to, and form on the left of? 

A. 1 am led to imagine, that by the route we took, we 
accidentally avoided the post Major Mercer intended, as we 
had no person with us to direct to us the spot where the 
troops were forming. 

General Lee's question. — Do you recollect whether the 
countrv was of such a nature, there being SO many detiles, 
ns to admit of the different corps' marching in columns at 
such distances as to be formed into lines ! 

A. I recollect that the troops, previous to my taking 
this observation, had passed a defile, which might have been 
the occasion of their situation, but upon the ground they 
then were I think there was room sufficient. 



90 



General Lee's question. — Do you recollect any defile 
after the one you have mentioned in our front as we were 
retiring ? 

A. The defile in the rear of the field of action, which 
was in our front as we were retiring, is the only one I 
know of. 

General Lee's question. — At the several times you saw 
me, did I appear to he possessed of myself, being calm and 
distinct? 

A. Perfectly so. 

Question by the Court. — What occasioned your regiment 
first to retire ? 

A. We were in the open field, exposed to the cannon of 
the enemy, without any apparent probability of our having 
the shot returned, I observed the front of the battalion in- 
clining to the left, to take shelter in a copse of wood, which, 
when we had gained, I went up to Colonel Jackson, asking 
him what his orders were; he told me he had none; I 
begged him to send for some immediately ; he then left me. 
I formed the regiment on the right, and presented a front to 
the enemy. Colonel Jackson then returned and desired me 
to lead the regiment over the morass upon an opposite 
height; I asked him if he had any particular orders for it; 
he answered he had not, but thought it best; I begged him 
not to stir without orders ; he then left me a second time, 
returned in the space of ten or fifteen minutes, and repeated 
his request. I asked him if it was his orders for me to lead 
the regiment : he told me he thought it most proper, and 
begged I would lead the regiment over; L then went to the 
left of the battalion, and led the regiment not over the 

morass, but through it, which brought us a little in the rear 

13 



100 

of the ground we had left, instead of going to the ground 
he requested. About this place we met Major Mercer. 

Question to Doctor Griffiths. — l>o you recollect who the 
officers were General Lee appealed to for his conduct the 
"2Sth of June, at English-Town, and complimented on their 
conduct ? 

A. He only spoke generally, both of men and officers, but 
appealed to the officers in just, tic at ion of himself. 

Q. Do you recollect who the officers were who he ap- 
pealed to? 

A. I do not recollect any individuals. 

Q. Was there any reply from the officers ! 

A. There were no other officers present but two light- 
horse officers, who were riding behind the General; whether 
they heard the conversation or not 1 don't know; I don't 
recollect any reply ; there could have been none, because 
they were not appealed to. I understood it generally the 
officers under his command. 

Question to Colonel Stewart. — What was the situation of 
the detachment in point of ground, when yon were nearest 
to the enemy, and in view of them .' 

A. On the left of the detachment was a ravine and a 
copse of woods, out of which the detachment had issued ; 
in front it appeared to be a plain oi' large extent, neither, in 
my opinion, interspersed by hills or woods : the plain con- 
tinued on our right, until von come to the road leading from 
the village of Freehold to Middletown, on the right of which 
road ran a fence; in the rear of the right, as we were drawn 
up towards the enemy, stood the village of Freehold; to the 
centre and left the ravine seemed to extend. My idea of 
the ravine is, that it began a little to the left of the village 



101 



and extended to the left past the place we had issued out 
of the woods. 

Question to Colonel Stewart. — How did the enemy appear 
to he situated in point of ground ? 

A. Their situation in point of ground appeared to be the 
same as the ground we were drawn up on, excepting that 
the woods appeared to me to be nearer our left than they 
were to the enemy's right. 

Question to Colonel Stewart. — Did the troops you were 
with retreat in order or disorder ? 

A. In a disorderly manner. On orders being given to the 
different regiments to retreat to the village, the enemy were so 
near us in front that the regiments seemed to be desirous to 
gain the village with expedition. On this account the regi- 
ment on the left inclined, while they advanced in front, on 
the regiment which should have been on the right. My being 
farther advanced at that time, occasioned the orders comine: 

o 

later to me than they had done to the other regiments. 
When I attempted to gain my position in the detachment 
under the particular command of General Wayne, I found 
the two regiments so close together that there had been no 
room left for me. I requested the officers who I saw with 
the other regiments to incline to the right and left, and 
allow me to gain my proper position. During this con- 
versation, Colonel Laurance came up, and begged of us to 
lav aside trifling disputes concerning rank at so critical a 
period. I immediately ordered my regiment to incline to 
the left, which brought me on the right of the whole detach- 
ment under the command of General Lee. On my forming 
I was in that situation and entirely separated from the other 
two regiments during that day. 

Question to Colonel Stewart. — By whose orders was your 



102 



detachment formed when you first made a halt and engaged 
the enemy ? 

A. By the particular order of General Washington in 
person. 

Question to Colonel Stewart — Did you receive any order 
at that time from General Lee or either of his aids ? 

A. I received no order from General Lee at that time or 
from either of his aids. 

The Court adjourns till Friday, at nine o'clock, the 17th 
instant, to the house of Mr. Kennedy, at Peeks-Kill. 

JULY 17th. 

Not a sufficient number of members attending at Peeks- 
Kill, the members present, being a majority of the Court, 
adjourned till to-morrow at nine o'clock. 

JULY 18th. 
The Court met at Peeks-Kill. 

Brigadier-General Maxwell being sworn : 

Q. Did you march with the troops under the command of 
General Lee the 28th of June ? 

A. I did. 

Q. Did the troops under the command of General Lee 
attack the enemy the 28th of June ? 

A. I was sent for to General Washington's quarters the 
evening; of the 27th of June. General Lee and General 
Wayne were there. I understood by what General Wash- 
ington said to General Lee, that General Lee was to attack 
the rear of the British army as soon as he had information 
that the front was in motion or inarched off; General Wash- 
ington farther mentioned, that something might be done by 



103 



giving them a very brisk charge by some of the best troops. 
General Washington mentioned something about my troops, 
that some of them were new, and the want of cartouch 
boxes, and seemed to intimate that there were some troo] s 
fitter to make a charge than them. General Washington 
further recommended that we should go to General Lee's 
quarters, at six o'clock; the orders I got there were to keep 
in readiness to march at a moment's warning, in case the 
enemy should march off, and recommending that there 
should be no difference respecting rank, or which should be 
called to the front, right or left. In the morning of the '28th, 
I think, after five o'clock, I received orders from General 
Lee to put my brigade in readiness to inarch immediately ; 
I then ordered the brigade to be ready to march, and went 
and waited on General Lee ; he seemed to be surprised that 
I was not marched, and said there were orders sent pre- 
vious to that order, to put the brigade under orders to 
march immediately. General Lee informed me that some 
were already marched, and that I must stay until the last 
and fall in the rear. I ordered my brigade immediately to 
the ground I understood I was to march by, and found my- 
self to be both before General Wayne and General Scott, 
and halted my brigade to fall in the rear : win n about one- 
half of the troops were by. orders came by one of General 
Lee's Aids to march my brigade by the road towards Craig's 
mill, till I met with the first direct road that led away to 
the Court-house, and to halt there until further orders, as it 
was suspected that the enemy were moving some part of their 
troops that way. By the time I had got about half a mile 
towards that place, one of General Washington's Aids gave 
orders to the rear of the brigade that I need g<> no further 
that way, but to return to my old ground, and that the front 



104 



of the enemy was certainly marched off, (the officers came 
forward and informed me of this order,) which I did. I 
came bach to my former station, and waited there a consid- 
erable time before General Wayne and General Scott's 
troops got past me; then I marched in the rear; there 
were three pretty large halts made before I got up within a 
mile of the Court-house. At that place the Marquis de La 
Fayette came to me, told me it was General Lee's wish that 
we should keep as much in the woods as possible ; and that 
as I had a small party of militia horse, desired that I would 
keep those horse pretty well out upon my right, to observe 
the motions of the enemy that they might not surprise us ; 
I think it was thereabouts that I heard some firing of can- 
non and small arms. The march was pretty rapid from that 
place, and I followed up General Scott until 1 got the front 
of my brigade in the clear ground. \ foun i when I got the 
front of my brigade in the clear ground, that the clear 
ground made an angle with a morass on my right, and a 
thick brush on my left. General Scott was formed in my 
trout, in about one hundred yards; an orchard was in the 
front of him, where I saw the enemy moving towards our 
right. I at the same time saw our troops on the right mov- 
ing ; some said that they were retreating; others, that they 
were only moving to the right to prevent the enemy's getting 
round them : there were some cannon shot exchanged be- 
tween them. I did expect that General Scott would have 
moved to the right, as there was a vacancy between him 
and the other troops, anil would have given me an opportu- 
nity to form, but while 1 was riding up to him, 1 saw his 
troop- turn about and form in columns, and General Seott 
coming to meet me. 1 think he told me our troops were 
retreating on the right, and we must get out of that place; 



105 



that he desired his cannon might go along with me, as there 
was only one place to get out, and he would get over that 
morass if he could ; upon which I ordered my brigade to 
face to the right-about, and march back. The reason of my 
marching back was, that if I did not get over a certain 
causeway before the enemy came down on the right, I 
should have been in danger of losing my cannon. When 
I came to the open ground, within sight of the church, there 
I plainly saw our troops retreating on the right in several 
columns, and apparently to me in very good order. I then 
sent off' my Quarter-Master to General Lee, to know if he 
had any orders for me ; at the same time my brigade was 
forming in the open ground by the woods, near the road I 
had gone up in The Quarter-Master that I sent, came 
back and told me that General Lee ordered me to throw my 
brigade over into the woods on the right. I was very anirry 
at him, and thought he had not represented \<> the General 
where 1 was, or had not taken up the orders right, but he 
persisted in it. I did expect there that the whole of our 
troops would have halted, as General Lee had given orders 
to throw some troops into the woods on the right. I ex- 
pected that I should have fallen into the woods on the left, 
and there was commanding high ground there, where some 
of the pieces of cannon were halting, but I still saw the 
columns marching on, upon which I thought it my duty to 
keep on the left with them, and on an equal pace with them; 
but at the same time I rode off to General Lee, whom 1 
found in an orchard, near a house, about a niTe this side of 
Monmouth Court-house, and asked him if he had any orders 
for me, or any directions to give me; he desired that I 
should throw my troops over on the right into the woods, and 
I thought still that he did not know my situation, and told him 



106 

I was on the left, and it was out of ray power, as the rest of 
the columns that were coming up would break them, and go 
through them ; well, then, said he, stay on the side where 
you are. He first talked to me of stopping three regiments to 
cover three pieces of cannon that were there, but there seemed 
to be plenty of troops about them, and finally, we agreed 
that I should cross a defile and throw my troops into the 
woods, upon the left, and to watch a road that led from 
Furman's mill, which I did. The clay was so excessively 
hut then, that the men were falling down ; General Lee 
recommended that they might get water, and get among the 
bushes into the wood, that it would serve the purpose of 
sheltering the men and watching that road. While my bri- 
gade lay there, the rest of our troops were marching on, 
both to the right and to the left, crossing a defile that was 
in our rear. I rode out to the right, to observe what sort 
of ground there was there, and to see if the enemy were 
coming up after us. Upon casting my eye over to where 
my brigade was, I saw them in full march out of the woods; 
I rode back as fast as possible, and desired to know by 
whose orders they inarched out of the place I had stationed 
them ; Colonel Shreve told me he received orders from a 
certain Major Wikoff, who, he said, the Marquis de La Fay- 
ette had ordered to go and forward all the troops over that 
defile, that was in our rear : not being pleased with it, I 
halted the brigade some time, and then I thought proper to 
let Colonel Shreve pass over the defile with ihe cannon, 
which he did, and took place mi the other side with his can- 
non, in the edge of the woods, a place which seemed suit- 
able to cover that defile, and I shortly after ordered over 
two other of my regiments to join him. I imagined there 
would be a sufficient stand made there, and left one regi- 



107 

merit betwixt the road and the marsh that was in our rear, 
to cover the road that led from Furman's mill, and to pre- 
vent the enemy from cutting oft' our people's (who were in 
the rear) passage to the defile, which they maintained until 
the enemy drove them out, On my going to cross the last 
defile, I saw General Washington's troops going to form on 
the hill, which I was going to take possession of. On my 
coming up with the part of the brigade, I was informed that 
they had Lord Stirling's orders to form in his rear, which 

I did. 

Q. How long were your troops halted on the ground in 
the rear of General Scott, before you left it ? 

A. I suppose not ten minutes, but I do not believe it 
was above five minutes ; I think I had time enough to have 
formed there if there had been ground for it. 

Q. Did you receive any orders from General Lee while 
you were on that ground ? 

A. No. I did not receive any orders from him but what 
I have mentioned, to my knowledge. 

General Lee's question. — When General Scott went to 
the right-about, did his left flank appear to be in immediate 
danger ? 

A. It did not appear so to me. 

General Lee's question. — When you expected that the 
troops would have made a halt on a certain piece of ground, 
did it occur to you that we had a defile in our rear 1 

A. I know there was a marsh in the rear, but did not 
know at that time that there was but only one passage over 
it, which was the defile. 

General Lee's question.— Do you recollect my asking you 
how you came to quit the wood where you thought you were 

so advantageously posted 1 

14 



108 



A. I do. But I think it was in the afternoon of the 28th 
of June. 

General Lee's question. — Do you recollect when Colonel 
Shreve went up the hill, where Lord Stirling was posted, 
whether it was Mr. Wikofl" who led him there or not? 

A. It was not Major Wikoff. I ordered him to take post 
there. 

General Lee's question. — When you saw me, did I appear 
cool, possessed of myself, or disconcerted? 

A. I saw no other appearance of your being disconcerted 
than your ordering me over to (he right ; hut when I told 
you my situation, you were satisfied : you appeared to be 
disturbed only on account of the situation of the men from 
the heat of the day. 

Brigade-Major Ogden being sworn : 

Q. Did you carry any orders from General Lee the 28th 
of June ? 

A. Yes. I think it was soon after we passed the first 
defile, retreating better than a quarter of a mile; after we 
had rose the hill, I was riding with General Maxwell, with 
the column; as he had received no orders from General Lee, 
he desired me to ride to General Lee to know what the 
orders were. I rode to the left as we were retreating ; I 
informed General Lee that General Maxwell had received 
no orders, and that he begged to know what they were ; 
General Lee desired me to beg General Maxwell (as I un- 
derstood it) to form his troops on the right, in a wood, as we 
were retreating, which order I communicated to General 
Maxwell That this is the only order I recollect to have 
carried from General Lee that day to General Maxwell. 
After the remainder of General Maxwell's brigade had 



109 

crossed the bridge, near the bridge I went to let General 
Lee know that Colonel Ogden's regiment was posted in a 
point of woods adjacent to the road which led to the bridge, 
and that he intended to give the enemy a warm reception 
there. General Lee answered, don't tell me of what they 
will do, but tell it to me after they have done it, and Gen- 
eral Lee expressed a wish or desire that they would do it; 
these were the words as near as I can recollect. The Mar- 
quis de La Fayette, as I was riding by, called to me, and 
desired me to carry an order to Colonel Stewart, which I 
think, but am not certain, was to inarch to the right, to 
cover the cannon and retreat, I delivered the exact order 
to Colonel Stewart that the Marquis gave me in less than 
two minutes after I received it. This was the only order I 
carried to Colonel Stewart, or from the Marquis. 

The Baron Steuben being sworn : 

Q. Had you any conversation with General Lee the 28th 
of June, after the retreat, relative to the transactions of the 

day 1 

A. Yes. On the 28th day of June, after having been 
reconnoitering, I returned from Monmouth in order to make 
my report to the Commander-in-Chief, whom I found at 
English-Town. Having seen that the enemy was marching, 
and doubting of our being able to overtake them, having 
seen nothing in my way but some militia which followed at 
some distance, I stopped at a house in English-Town to take 
some rest, where I stayed about an hour and a-half; I after- 
wards continued my road to meet the Commander-in-Chief. 
On my way I heard several firings of cannon, and I made 
the greatest haste to arrive near the General, whom I found 
on the high ground, beginning to form the troops as they 



110 



arrived. It was there that I saw General Lee's division re- 
treating in great disorder, followed by the enemy, whose 
strength I conceived to be 1,500 men of infantry, and about 
150 horse. As I was employed in placing a battery General 
Lee passed by me, without our speaking to one another. 
About a quarter of an hour after the Commander-in-Chief 
ordered me to stop the retreating troops and form them 
towards English-Town. I sent some officers forward to stop 
the men, and I went there myself, accompanied by Mr. Ter- 
nant and my Aids-de-Camp, to form them. As I passed 
through English-Town I found General Lee on horseback 
before a house; he asked me where I was going; I ac- 
quainted him with my orders, upon which he said to me 
that he was very glad of my having taken that charge upon 
me, for he was tired out. I assembled part of General Max- 
well's brigade, and part of General Scott's detachment, 
which I formed behind the creek at English-Town ; General 
Maxwell was himself there. Scarce had the troops taken 
their position when General Patterson arrived with three 
brigades of the second line, and desired to know where he 
was to be stationed ; I placed his three brigades a little 
more in the rear, on a high ground, and I established a bat- 
tery on the right wing, in front of the second brigade of 
General Sruallwood. The cannonade continued more or less 
briskly till past five o'clock. Half an hour after it had 
ceased, Colonel Gemat arrived and brought me the order 
from the Commander-in-Chief that the enemy was retreat- 
ing in confusion, and that I should therefore bring him a 
reinforcement. I ordered General Maxwell to take the 
command of the troops I had placed behind the creek, and 
to remain there till further orders. 1 then inarched off 
with the three brigades of the second line : as I passed 



Ill 

through English-Town I again met General Lee, who asked 
me where I was going ; I imparted to him the order I had 
received from the Commander-in-Chief, which I delivered 
in the very expressions of Colonel Geiuat, that the enemy 
was retreating with confusion. Upon that word confusion, 
he took me up, and said that they were only resting them- 
selves ; but, said he, afterwards, I am sure there is some 
misunderstanding in your being to advance with these 
troops ; I told him that I had received the order from Mr. 
Gemat; I ordered, however, General Muhlenberg to halt, 
and sent for Captain Walker, my Aid-de-Camp, who repeated, 
in presence of General Lee, the order which Colonel Gemat 
had brought me; then, said he, you are to march, and I 
went on with the troops. This is nearly all the conversa- 
tion I had that day with General Lee. 

General Lee's question.— What was the purport of the 
intelligence you gave to General Dickinson the 28th of 
June, respecting the strength of the enemy? 

A. General Dickinson did not ask me what the strength 
of the enemy was, neither did 1 say anything to him about 
it. I told General Dickinson that the enemy was in march, 
and that I had seen their rear guard. 

Monsieur Langfrang being sworn, (Monsieur Ponceau be- 
ing sworn interpreter :) 

Q. Had you any conversation with General Lee the 28th 
of June respecting the transactions of the day? 

A Yes. A long time before the battle, in the instant 
that General Lee's division arrived before Monmouth Court- 
house, when the division began to form itself behind the 
creek, opposite to a road that led to the town, Colonel Law- 
rence, with whom I was formed, with some light-horsemen, 



112 



sentine to General Lee in order to acquaint him that we 
had seen a regiment of the enemy enteringlnto the wood, and 
that we had no body to support us, which forced the light- 
horsemen to return behind the church-yard, waiting for sumo 

infantry, which we hoped General Lee would send into the 
wood to our Left As 1 arrived to ask the infantry of Gen- 
eral Lee, I found him near the creek; I acquainted him 
with the number of the enemy who had thrown themselves 
into the wood, and told him we had no body to support us ; 
that, indeed, there was some militia in the wood, but the 
militia having gone too far into the wood, our left wing was 
quite uncovered; upon which General Lee told me that the 
militia which was in the wood was to be called from the 
wood ; then the brigade belonging to General Lee's division, 
which was forming itself on the road leading to Monmouth 
Court-house, was ordered by General Lee to return to the 
plain. The precipitation with which the order was given 
made me think that General Lee had misunderstood me. 
I repeated over what I had said to him ; upon which he an- 
swered me, that he had orders from Congress and the Gen- 
eral-in-Chief not to engage; upon which I returned to the 
church-yard, where we staid without the enemy appearing 
any more. 

General Lee's question. — Did you understand mi', that I 
meant not to engage at all, or not to engage but in a particu- 
lar manner ? 

A. T understood that you intended not to engage at all, 
because there were only two 1 undred men of the enemy 
who had thrown themselves into the wood, and when T 
told you of this, your whole division retreated to the plain. 

The Judge Advocate produces to the Court, two letters, 



113 

written by General Lee to his Excellency General Wash- 
ington, dated the 1st of July, and the 28th of June, which 
General Lee acknowledges were written by him, and which 
being read, are as follows : 

Camp, English-Town, July 1, 1778. 
S IRj — From the knowledge I have of your Excellency's 
character, I must conclude that nothing but the misinforma- 
tion of some very stupid, or misrepresentation of some very 
wicked person, could have occasioned your making use of 
so very singular expressions as you did on my coming up to 
the ground where you had taken post; they implied that I 
was guilty either of disobedience of orders, of want of con- 
duct, or want of courage ; your Excellency will, therefore, 
infinitely oblige me by letting me know on which of these 
three articles you ground your charge, that I may prepare 
for my justification, which, I have the happiness to be con- 
fident, I can do to the army, to the Congress, to America, 
and to the world in general. Your Excellency must give 
me leave to observe that neither yourself nor those about 
your person could, from your situation, be in the least judges 
of the merits or demerits of our manoeuvres ; and, to speak 
with a becoming pride, I can assert, that to these manoeu- 
vres, the success of the day was entirely owing. I can 
boldly say, that had we remained on the first ground, or 
had we advanced, or had the retreat been conducted in a 
manner different from what it was, this whole army, and the 
interests of America, would have risked being sacrificed. I 
ever had, and hope ever shall have, the greatest respect and 
veneration for General Washington ; I think him endowed 
with many great and good qualities ; but in this instance, I 
must pronounce that he has been guilty of an act of cruel 



114 



injustice towards a man who certainly has some pretensions 
to the regard of every servant of this country ; and, I 
think, sir, I have a right to demand some reparation for the 
injury committed, and, unless I can obtain it, I must, in 
justice to myself, when this campaign is closed (which I be- 
lieve will close the war), retire from a service at the head 
of which is placed a man capable of offering such injuries ; 
but, at the same time, in justice to you, I must repeat, that 
I from my soul believe, that it was not a motion of your 
own breast, but instigated by some of those dirty earwigs 
who will forever insinuate themselves near persons in high 
office ; for I really am convinced, that when General Wash- 
ington acts for himself no man in his army will have reason 
to complain of injustice or indecorum. 

I am, sir, and hope ever shall have 

Reason to continue, your most sincerely 

Devoted, humble servant, 

CHARLES LEE. 



His Excellency General Washington. 



Camp, June 27, 1778. 

Sir, — I beg your Excellency's pardon for the inaccuracy 
in mis-dating my letter. You cannot afford me greater 
pleasure than in giving me the opportunity of showing to 
America the sufficiency of her respective servants. I trust 
that the temporary power of office, and the tinsel dignity 
attending it, will not be able, by all the mists they can raise, 
to offiscate the bright rays of truth; in the meantime, your 



115 

Excellency can have no objection to ray retiring from the 

army. 

I am, sir, your most obedient, 

Humble servant, 

CHARLES LEE. 

General Washington. 

Major-General Lee produces a letter from his Excellency 
General Washington, dated June 30th, which being read, is 
as follows • 

Head-Quarters, English-Town, June 30, 1778. 

Sir,— I received your letter (dated through mistake the 
1st of July), expressed, as I conceive, in terms highly im- 
proper. I am not conscious of having made use of any 
very singular expressions at the time of my meeting you, as 
you intimate. What I recollect to have said was dictated by 
duty and warranted by the occasion. As soon as circum- 
stances will permit, you shall have an opportunity either of 
justifying yourself to the army, to Congress, to America, 
and to the world in general, or of convincing them that you 
were guilty of a breach of orders, and of misbehaviour be- 
fore the enemy on the 28th inst. in not attacking them as 
you had been directed, and in making an unnecessary, dis- 
orderly, and shameful retreat. 

I am, sir, your most obedient servant, 

GEORGE WASHINGTON. 
Major-General Lee. 

Major-General Lee requests his third letter to General 



116 



Washington, dated June 30th, may be read, which being 
read, is as follows : 

Ca?//p, June 30, 1778. 

Sir, — Since I had the honor of addressing my letter by 
Cold&el Fitzgerald to your Excellency, I have reflected on 
both your situation and mine, and beg leave to observe, that 
it will be for our mutual convenience that a court of inquiry 
should be immediately ordered : but 1 could wish it might 
be a court-martial, for if the affair is drawn into length, it 
may be difficult to collect the necessary evidences, and per- 
haps might bring on a paper war betwixt the adherents to 
both parties, which may occasion some disagreeable feuds 
on the continent, for all are not my friends, nor all your ad- 
mirers. I must entreat, therefore, from your love of justice, 
that you will immediately exhibit your charge, and that on 
the first halt, I may be brought to a trial ; and am, sir, your 
most obedient, humble servant, 

CHARLES LEK. 

His Excellency General Washington. 

The Court adjourns till to-morrow, at nine o'clock. 

JULY 19th. 
The Court met according to adjournment. 

The evidence being closed on the side of the prosecution, 
and Major-General Lee being requested to make his defence, 
desires Captain Mercer and several other gentlemen maybe 
sworn. 

Captain Mercer, Aid-de-Camp to Major-General Lee, 
being sworn, says : 

On the evening of the 27th of June, soon after General 



117 

Washington had left English-Town, I was sent by General 
Lee with an order to General Dickinson ; he would have 
given this order in a letter, but expected I could explain it 
more fully verbally ; it was to inform General Dickinson 
that he intended to attack the enemy as soon as he could 
be certain of their march for Middletown ; that it was of 
the greatest consequence that he should have the earliest 
intelligence, and for that intelligence he should depend 
entirely on General Dickinson, and be governed by what- 
ever he heard from him ; that he had been referred to 
him (T understood from General Washington) for intel- 
ligence, and he, General Lee, having very few light-horse 
with him, and the Continental troops being unacquainted 
with the country, it was impossible he could get any certain 
information himself. General Dickinson's answer was, that 
General Lee might depend upon him for every intelligence 
that his situation would give him an opportunity of procur- 
ing, and observed that the militia could not be depended 
upon. I then returned to General Lee ; I remember nothing 
further of consequence, except orders being given to the 
troops to hold themselves in readiness to march at any hour 
iu the night. After one o'clock in the morning we were 
waked up by a letter from General Washington, signed by 
Colonel Hamilton. It was an order for General Lee to 
detach about six or eight hundred men as a party of obser- 
vation, who should march to within about two miles of the 
enemy, and there wait until the enemy began their march, 
that this party should send continual intelligence, and 
should attack the enemy when they began to move, but this 
was left to the discretion of the officer commanding the 
party, if he found there should be a convenient opportunity 
without endangering himself. Captain Edwards, General 



118 



Lee's Aid-de-Camp, immediately issued orders, by General 
Lee's desire, to Colonel Morgan, informing him that he, 
General Lee, intended to attack the enemy's rear the next 
morning, should they march ; and that he, Colonel Morgan, 
should attack their right flank on their march. About five 
o'clock in the morning a billet was received from General 
Dickinson, dated at half-past four, that the enemy were then 
getting in motion. Colonel Grayson, who had been ordered 
with Scott's and Yarnum's brigades, making about six or 
seven hundred men, in consequence of the letter from 
General Washington, had about this time marched his men 
into English-Town, and was detained some time for want of 
a guide, before he could go off. After he had marched, I 
was ordered by General Lee to write to the Marquis de La 
Fayette, that he might immediately put himself at the head 
of Wayne's and Scott's detachments ; likewise to General 
Maxwell, that he should put his brigade in motion and march 
them to the road that led to Freehold; I don't conceive 
that the troops were ready before eight o'clock or half-past 
eight, at which time General Lee set out from his quarters. 
We passed the troops, who were about one-quarter of a 
mile in advance of English-Town, on the Freehold road, 
and then on their march. We had not proceeded far before 
we met an Aid-de-Camp of General Dickinson : he addressed 
himself to General Lee, and, from what I could gather, his 
message was, that the enemy had, instead of marching off, 
arranged their whole army at Freehold, and begged General 
Lee not to advance the Continental troops any farther than 
English-Town, as he ex] ected the enemy meant to attack 
immediately, and that he made no doubt they cither had, or 
would throw a column on the Covenhoven road, which led 
from Freehold into the rear of our position at English-Town. 



119 

I think this was the purport of the message, though I could 
not hear it distinctly. General Lee desired him to ride on 
with his intelligence to General Washington, and in his way 
to halt the troops ; he then rode on himself, and expressed 
a good deal of uneasiness at the party that was advanced 
under Colonel Grayson, who had some time before been 
ordered to quicken their pace, if possible, to get up with 
the enemy ; he desired me to ride back and beg of General 
Wayne that he would come forward and take command of 
those advanced troops, as he looked upon it as a ] ost of 
honor; and likewise to order General Maxwell's brigade, 
which General Lee, in his disposition, had ordered to march 
in the rear of the troops, into the Covenhoven road, to 
march to the forks of that road, where a road led from 
Craig's mill to the Court-house ; to take a position there for 
his brigade, and wait either the enemy or for further orders. 
1 executed both of these orders, and delivered General 
Maxwell a rough draught of the road. In my return from 
General Lee to the troops, I met Colonel Meade, from his 
Excellency, who asked me if I was going to order on the 
troops. I told him no, that the enemy were advancing, and 
I was going on other business. On my return, I again met 
Colonel Meade, who told me he was going back with General 
Lee's order to bring on the troops ; I begged of him to ride 
to General Maxwell's brigade, who could not have marched 
far, and order them back again. I then made what haste 
I could to General Lee ; I overtook him on the other side 
of the bridge, in front of the position Lord Stirling after- 
wards took. I found a number of pieces of intelligence had 
been given him with respect to the enemy, almost all con- 
tradictory, and himself and General Dickinson engaged in a 
very warm dispute ; General Lee insisted upon it, that their 



120 



principle was a retreat, and General Dickinson, on the 
other hand, as confidently affirmed that they had not moved 
at all. I heard General Dickinson say to General Lee, that 
if he moved the troops over that bridge he would get into a 
wry dangerous country, from which there was no retreat 
but over that pass. About this time, intelligence was 
brought, that a party of the enemy were moving down, as 
we then stood, through an orchard on the left of the morass 
on our left. I was ordered by General Lee to conduct 
Varnum's brigade over the bridge back again, in order to 
meet them. About this time I remember Monsieur Lang- 
frang'a coining up, and not a man of General Lee's command 
had arrived, or did arrive for three-quarters of an hour, at 
that place, except the command of Colonel Grayson ; he 
told the General something that the General seemed to pay 
no attention to. As the enemy were said to be on our left, 
and partly in our rear, T was sent off with Varnum's brigade, 
and galloped before them myself, until I got to the orchard, 
where I found them to be a large body of militia, who had 
lost themselves, under the command id' Colonel Freyling- 
hausen. I immediately returned to A'arnum's brigade, and 
ordered them to return with as great expedition as possi- 
ble over the bridge. When 1 regained General Lee, I 
found him exceedingly irritated at the false intelligence 
that had been given him. By this time, the head of the 
column under the Marquis de La Fayette, had got in view, 
and the General immediately ordered the troops on, having 
before dispatched orders to bring on Colonel Butler's 
and Colonel Jackson's regiments to form the advance guard : 
they got up and were formed, and the General proceeded on 
with them in front, without making any kind of halt, until 
we got in sight of the Court-house. Colonel Butler's regi- 



121 

rnent was then formed opposite to the cross-road that led 
from Freehold to Amboy, and the other troops were ordered 
to face towards the Court-house. The whole troops under 
General Lee's command were then up ; Butler's and Jack- 
son's formed the advanced guard, Scott's and Varnum's 
brigades marched in front, Generals Wayne's and Scott's 
detachments, and General Maxwell's brigade, formed the 
line. The enemy, when we got to this open ground, near 
the Court-house, appeared in view ; there appeared to be a 
number of light-horse in no kind of order, and some parties 
of foot interspersed in no order, ranged in front, and ap- 
peared advancing towards us and to the left. The General 
went out himself to reconnoitre, and we found by their 
moving to the left that they were in all probability retir- 
ing ; he immediately returned, and I understood from 
General Lee that Colonel Butler's regiment was sent off' 
with orders to attack ; Colonel Jackson's regiment would 
have went with them, but it was found that they had but 
seventeen rounds of cartridges per man. General Lee or- 
dered me to have the sergeants of that regiment collected, 
and by a cartridge from each man, of the rest of the troops, 
to make up the deficiency. About this time Captain Ed- 
wards arrived, who had been sent by General Lee to recon- 
noitre to the left, who told General Lee that the enemy 
were retreating. General Foreman, who was with General 
Lee, informed him that he could carry his column a road to 
the left that would bring him into the front of the retreat- 
ing enemy. I was sent immediately by General Lee to 
reconnoitre the road, to see whether cannon could be passed 
along ; I found the road would answer the purpose exceed- 
ing well. As I was advancing down the road I observed a 
large encampment of the enemy's, which it appeared they 



122 

had just left, by the chairs standing, and water that had 
been jusl spilt. 1 inquired at a house just over the cause- 
way; they told me that two thousand had lain there, and 
were moved about three-quarters of an hour before, towards 
the Court-house, and that they believed they were not moved 
from the Court-house. I returned immediately to General 
Lee, made my report of the road, and mentioned this circum- 
stance to him ; he said he supposed their covering party 
might consist of that number; he mentioned, likewise, 
if there was any interval between them ami their main 
body, he should certainly cut them oil'. Colonel Jack- 
son's regiment was by this time completed with cartridges, 
and was sent off with Colonel Malmedie, to conduct them to 
join Colonel Butler. I understood General Wayne was to 
command the whole of that advance party : Colonel Oswald 
being desirous of going with these troops, the General had 
at first ordered onh one piece, but on Colonel Oswald's 
observing that he had only one ammunition wagon to both, 
they were both ordered on. The General then asked what 
number General Wayne's party would then consist of.' 1 
observed to him that they were about live hundred and 
fifty : he said that would not be enough for the purpose, and 
desired that another regiment from the front might be 
ordered on to reinforce them. General Scott's brigade be- 
ing in front, Colonel Parke's regiment was formed in the 
road facing the Court-house, and the other regiment had 
taken the place of Colonel Butler's; Colonel Parke was 
ordered on immediately, and directed the course he was to 
march, expecting he would soon overtake Colonel Butler, 
as there was a little before a scattering tire (A' musketry 
heard just in front. Captain Lenox now arrived from 
General Wayne, and informed General Lee that the enemi 



123 



had halted, and ho expected would attack him, and begged 
that the troops might be forwarded up to his support. 
General Lee's answer to Captain Lenox was, that it was 
nothing but the customary manoeuvre of a retreat, to which 
General Wayne should pay no kind of attention. Captain 
Lenox immediately rode off, and General Lee desired he 
might be stopped, for be had something more to say to him ; 
I hallowed to Captain Lenox, who did not hear, but rode on ; 
upon that the General explained himself fully to me con- 
cerning the manner he intended General Wayne should 
act, and the manner he intended to act, and ordered me on 
to General Wayne. I met General Wayne in front of the 
enemy, in open ground; Butler's regiment was at this time 
tiling off to the left, and I delivered him my orders to the 
following purport : that he should advance with the ti-oops 
under his command and attack the enemy in rear ; that all 
the General expected from his attack was, to halt the enemy, 
as he did not expect nor wish that the enemy should retreat 
to their main body, or, from an opinion of his numbers, call 
for a reinforcement from that main body. General Wayne 
observed to me, that he had no command at all there, that he 
had no troops; I told him that there was Jackson's and 
Parke's ordered up to join Butler's : he said he had seen 
nothing of them ; I answered that they would soon be up with 
him, that 1 would hurry them on; I observed to him, that 
General Lee was marching his whole column by a road 
that led to the left, and would, by that means, get into the 
front of the enemy and cut them off; I believe I explained 
myself to General Wayne as full, if not more so, than I 
have done to the Court. General Wayne then told me, that 
he desired a piece of cannon might be immediately sent to 
him, and he would eugage to stop them. I then immediately 

16 



1-24 



quitted him, as I knew Colonel Oswald was coming on with 
two pieces of artillery, and endeavored to return to the 
cross-road. On my return, I met Colonel Jackson'.- regi- 
ment, who had got up almost in a line with Colonel Butler's 
regiment, and Colonel Parke's regiment in his rear some 
distance. I met Colonel Laurens. General Washington's 
Aid-de-Camp, and inquired of him where General Lee was; 
he told me that lie was marching with the whole column to 
the left, and observed to me that he believed General Lee 
had forgot the two pieces of artillery of Colonel Oswald's. 
I then pushed on the road to the left, and overtook the 
troops marching with great rapidity. 1 did not. however, 
overtake General Lee until 1 came to the open ground, 
where I found him filing off by column- to the left, as we 
faced the Court-house, and had halted Colonel Livingston at 
the head of General Wayne's detachment, as I understood, 
to form the right. The three regiments in General Wayne's 
detachment, Colonel Wesson's. Colonel Stewart's, and Colo- 
nel Livingston's, were ordered to the right, and General 
Lee rode out to reconnoitre the enemy, who now appeared 
in full view. He rode towards Colonel Oswald's pieces, 
who had began a very sharp fire on tin enemy, but a much 
severer was kept up from them, as they had a great many 
more pieces. Upon taking a view of the enemy they ap- 
peared to be marching back again towards the Court-house ; 
they appeared in much greater numbers I believe than 
General Lee expected : he said he believed he was mistaken 
in their strength, but as they were returning towards the 
Court-house, there would be no occasion to push that column 
farther to the left, .:< they were in the rear already. lie 
then ordered me to General Scott, who, he said, was with 
the front of the column that had been filed off to the left, 
with orders for him to halt his column in the wood, and to 



125 

continue there until further orders. I asked him where I 
should find General Scott, as I had not been there when the 
front of the troops had been filed off; he pointed with his 
hand to the wood over the ravine, told me I should find him 
there; at that same time I remarked to General Lee there 
were troops on this side the ravine ; I think he told me 
they were General Maxwell's brigade. The troops that 
were now going to the right, that is, Wayne's detachment, 
could not be said to be retreating, as every Mc\> they gained 
fchej came nearer to the enemy, who were likewise pushing 
to our right. I made what speed I could to the ravine, but 
my horse being very tired I was some time a-going; I found 
great difficulty in passing it, as it was very deep and very 
miry. When I got on the other side I found Colonel Jack- 
son's regiment returning over the ravine again ; I had some 
conversation with Lieutenant-Colonel Smith before I saw 
Colonel Jackson : 1 mentioned to Colonel Jackson that I was 
"•oino- to General Scott, who was in that wood to the left ; 
he told me that there were no troops there. I begged of 
him not to cross the ravine until I should return to him. 
Going a little farther in the hollow I saw Colonel Grayson at 
the head of the other regiment of Scott's brigade ; I asked 
him why he was not in the wood, (as this regiment ought 
to have been in front of the column that marched up to the 
left, and never had belonged to General Wayne's detach- 
ment;) he told me that he had been halted there by General 
Wayne's order. I was a good deal surprised at that, as 
General Wayne had undertaken to order the troops that 
were not in his detachment, and told Colonel Grayson that 
the order should have come through me. Colonel Grayson 
told me he would go into the woods if I ordered him ; I 
made him no answer, but rode up the hill, where I perceived 



126 



that no troops were in the woods. 1 took i transient enfilade 
view of the enemy ; the party nearest as seemed to be a 
brigade of artillery, who were firing, covered, as I sup- 
posed, by about six hundred infantry, and their horse all 
halted, which were considerable, in mj idea; a column of 
the enemy appeared at a groat distance from me, marching 
down towards the Court-house or our right ; 1 supposed 
they might be about, not quite throe thousand men. I 
looked between a house that was in flames and the wood on 
the left, and observed the head of what 1 concluded to be 
the main body of the enonn ; I saw but few of them, just 
their front, who were in full march towards us ; all appeared 
at a great distance from me. 1 was hut a little time taking 
this view, and as T returned by Colonel (.Ira) son 1 told 
him to fall in the rear oi Colonel Jackson, who was retreat- 
ing over the ravine the same way he came, 1 mentioned to 
Colonel Jackson that he had better form on the other side 
of the ravine, where 1 expected the lino formed by General 
Maxwell's brigade was. 1 passed the ravine myself, and 
attempted to go to the Court-house along it, hut our artil- 
lery having retreated, and the enemy being advanced, I 
directed my course to the right ; I there met Captain Ed- 
wards, the other Aid-de-(\imp, who was going over the 
ravine I had left, with orders to General Scotl ; 1 told him 
that General Soot; was not there, and by the time ho got over 
the ravine there would be DO troops there. I now observed 
all our troops retreating into the woods from which the\ 
first came out, and Captain Edwards and myself, turning 

through a point of WO d that was next to the Court-house, 
where the enemy had had an encampment, we both saw a 
body of troops aud artillery going down a road, I believe 
the one we came up. This must have been General Scott's 



127 



detachment, as we found all the rest of the troops except 
bis detachment and Colonel Bntler's regiment in the open 
fi eid behind the Conrt-house when we came into it. We 
rode towarda the Court-house, and in the lane we met 
General Lee reading a letter, as 1 afterwards understood, 
from Colonel Fitzgerald. 1 mentioned to him that no troops 
wer e in the woods where he sent me, and that, hy that time 
all the men had retired from the left. His expressions oi 
surprise were very great, and we continued with him, he 
being now wit* General Portal, General Knox and some 
ether officers. Immediately after I had given the General 
lh is intelligence, he desired that 1 would ride to the Mar- 
quis de La Fayette ; 1 mentioned to him that my horse was 
exceedingly tired, and that if there was anyone else he 
bad better be sent; he turned to the light-horse officer, and 

ordered him to carry orders to the Marquis to retreat to the 
Court-housI [did not, at that time, know where the Mar- 
quis was, but shortly after saw him in the village. General 
Le e apon sending off the Light-horse officer, followed him- 
self that wa 3 1 remained some distance behind, looking 
at the enemy. The troops being all retiring, part were 
ordered to be thrown into the woods on the right, and part 
into the woods on the Left; however, the extent being too 
K reat between the two woods, this disposition was counter- 
manded, and the troops were ordered to continue their march 
to a point of view, where,] understood from General Lee, 
the-positionwastobetaken. I carried orders for this pur- 
pose from Genera] Lee to the front of different columns, 
Lt from the time I gave that intelligence to General Lee 
of the troops having gone off from the let,, to the inn- 1 
carried particular orders relative to the retreat, was about 
si, or seven minutes ; in that time the troops had got some 



128 



distance behind the Court-house OB their retreat. After we 
had passed the next ravine in our rear, the artillery were or- 
dered to form on a height to the left, as it fronted the enemy, 
and a body i t' infantry to support them. 1 was riding about 
with many different orders to effect tl esc purposes, until 
the troops were all got over the ravine in front of Carr's 
house. When the troops had nearly all passed by Carr's 
house, the enemy's horse made a charge upon our horsemen 
who were in rear, and I expected would have attempted a 
charge on the whole rear ; I was ordered by General Lee to 
halt the rear and draw them up at that fence. I halted one 
i<\' Colonel Grayson's regiments in front of the feme, which 
Colonel Grayson afterwards removed into the rear of the 
fence, as a better position ; and by this time. General Lee 
had given over the design of possessing the height first dis- 
covered by Mr. Portal, a height which appeared at that time 
very advantageous to me. Tn the field, back of Carr's 
bouse, Mr. W ikoff met him, and I understood had direoted 
him to the height occupied afterwards b\ Lord Stirling, as 
the only piece oi' ground in our favor. The troops were 
then ordered to continue their route to the bridge where 
We first crossed ; in our retreat we were informed that 
General Washington had come up, and General Lee rode 
from the rear to see him. When we came up to General 
Washington 1 was close by General Lee, and heard the oon- 
versation that passed between them; General Washington 
lirst accosted Genera] bee, h\ asking hiui: What is all this? 
General Lee not well hearing him, the question was re- 
peated. General Washington in the second question asked : 
What all that confusion was for, and retreat .' General Lee 
said he saw no confusion but what had arose from his orders 
not being properh obeyed. General Washington men- 



129 

tioned that he had certain information that it was hut a 
strong covering party of the enemy. General Lee replied 
that it might he so, hut they were rather stronger than he 
was, and that he did not think it was proper to risk so 
much, or words to that purport; General Washington re- 
plied, then he should not have undertaken it, and passed by 
him. I had heard General Washington himself giving seve- 
ral orders for halting the troops, and thinking that General 
Lee might counteract him, as he was giving some orders, 
took the liberty of mentioning to him that General Wash- 
ington had taken the command ; General Lee then said that 
he had nothing further to do, and rode after General Wash- 
ington in front; by the time we got up the enemy appeared 
immediately in front, and their artillery began to play. 
General Washington seeing General Lee, asked him if he 
would take take the command there, or he would ; if Gene- 
ral Lee would take the command there he would return to 
the main army to arrange it ; General Lee replied that his 
Excellency had before given him the command there ; Gen- 
eral Washington told him he expected he would take proper 
measures for checking the enemy there; General Lee re- 
plied that his orders should be obeyed, and that he would 
not be the first to leave the field, and General Washington 
then rode to the main army. General Lee immediately 
ordered that the artillery should be brought to the height 
he was on, and begged of General Knox, who was by, to try 
to halt them, as he had a greater influence over them than 
he had. Colonel Livingston's regiment was ordered up to 
support them, and was on his return, having received 
orders from General Washington for that purpose. I was 
then dispatched to the party in front, where General Wayne 
was just going into the woods; I told him that General 



130 



Lee's orders were, that he should defend that post; he asked 
me who 1 came from ; I mentioned that 1 came from Gen- 
eral Lee, who had again re-assumed the command; he rode 

on without paving much attention, and the action imme- 
diately commenoed in that wood ; Genera] Lee then sent 
me into tlic roar to Colonel Ogden's regiment, as 1 learned 
afterwards t ho v wove; at the time I did not know what 
regimenl it was; 1 there saw the Commanding Officer, who 
1 did not know, and told him that Genera] Loo's orders 
wore, that ho should defend that wood to the last extremity, 
ami cover the retreat of the whole at the bridge; he replied, 
that the enemy had got upon his left, ami they were vor\ 
good men. and it would never do to have them sacrificed 
there. I mentioned to him, as 1 rode off, that the\ were 
not in more danger than those in front. When 1 returned 
to Genera] hoe. the light-horse had charged upon tin- right 
of the troops in the wood, and were mixed amongst them as 
they retreated out o\' the wood; the enemy's infantry and 
light-horse came out iA' that wood seemingly mixed with our 
troops, and the action between Colonel Livingston's regi- 
ment and General Varnum's brigade with the enemy then 
commenced : they were soon broke by a charge of the 
enemy. The artillery now wore ordered off. and I believe 
in the rear of the whole went General hoe. 

General Lee's question. — Did 1 not express a great deal 
of indignation when yon informed me that all the troops hail 
left the Woods ! 

A. You did. 

General Lee's question. — Do you recollect the conversa- 
tion that passed between me and Colonel Hamilton ' 

A. Immediately after General Washington told you that 

he expected you would check the enemy there, and von 



181 

made the answer before mentioned, Colonel Hamilton rodo 
up in greal heat, and said to you, J will stay here with you, 
my dear General, and die with yon; let us all die here 
rather than retreat. You answered him vow ooolly, to 
observe you well, to sec whether you were discomposed, 
and if he did not think you lull\ a judge of whal was proper 
tobedone; thai you were as ready to die as ho, and that 
after you had seen the Continental troops that wore under 
your charm 1 in safety, you said, 1 do not care how soon we 
die; Colonel Hamilton made answer that he thought you 
possessed of yourself to a verj high degree. 

Genera] Lee's question. — In the whole course of the day, 
excepting where I expressed my indignation at the disobe- 
dience of my orders, the contradictory intelligence L re- 
ceived, and the impertinent intrusion of people who acted 
in no capacity; did 1 not appear, in both lire and out, as 
perfectly composed as ever you saw me in your life .' 

A. I could not but think you exceedingly composed, as 
several ciroumstanoes happened during the time that evi- 
dently evinced it. 

Question bj the Court. — How came you to suppose the 
body of troops thai you saw between the house in flames 
and the woods, were the main body of the enemy .' 

A. 1 observed them marching very wide in front, ami as 

1 had before seen the party, which I judged to he the cov- 
ering party, and then divided from them, 1 could not sup- 
pose them to he inconsiderable. 

Question by the Court. — If the body you saw had con- 
sisted of only one hundred men, would they not have made 
the same appearance to your view 1 

A. I do not think that one hundred men might have been 
17 



132 



drawn up in such a manner as to have made the same 
appearance in front to my view. 

Question by the Court. — "Who did you deliver the orders 
to that you carried from General Lee and delivered at the 
head of several columns ! 

A. The first order I carried was to the head of four 
columns : I delivered it to Mr. Langburn, who. 1 understood, 
acted as supernumerary volunteer with the Marquis, who 
had then the charge of conducting these columns, and I de- 
livered them to the columns in rear, but did not know who 
the officers were, and also, I was going to General Maxwell's 
brigade, when I met General Maxwell riding himself to 
General Lee for orders. 

Q. Did you communicate to General Lee the number of 
the enemy's troops, and the separate bodies of them you had 
seen ? 

A. I reported to him, that from what 1 had seen, their 
flying army at least was there, if not their whole force. 

Q. At what time did you communicate this to General 
Lee .' 

A. At the same time I told him that the troops he had 
sent me to with orders were not in the woods he directed 
me to. 

Question by the Court. — Po you recollect any conversa- 
tion having passed between General Lee and General 
Wayne, after General Washington took the command ? 

A. I do not. 

The Court adjourn to North-Castle till Tuesday next, at 
ten o'clock. 



133 

JULY 21st. 
The Court met at North-Castle, according to adjournment, 

Question toCaptain Mercer —What number of the enemy 
did you perceive when they appeared to be marching back 
to the Court-house? 

A. The enemy, from what 1 could perceive of them, were 
divided; that party with the artillery were nearest us, and 
kept up a very severe cannonade, and were nearly, I think, 
in the middle of the plain ; in the rear of them, and on the 
other side of the plain, near the woods, a column of the 
enemy appeared, marching towards the Court-house, consist- 
ing of, I suppose, near two thousand men. 

Q. What reason had you to believe that this number was 
greater than General Lee expected? 

A. General Lee had told me before at the cross-roads, 
when I gave him a piece of intelligence before related, that 
he supposed their covering party consisted of fifteen hun- 
dred or two thousand men. I do not know what number 
of men appeared to General Lee, that were then in view at 
the time we were reconnoitering, but he expressed himself, 
they were much larger than he thought they were. They 
appeared to me, altogether, to be about three thousand horse 
and foot, 

Q. When the enemy were returning towards the Court- 
house, and General Lee said there would be no occasion to 
push the troops farther to the left, did you hear him give 
any orders to the troops under his command? 

A. We were out a reconnoitering, and no troops near us; 
he sent me immediately afterwards with orders to General 
Scott. 



134 



Q. Pid you go to the wood whore General Lee pointed 
General Scott was in ? 

A. Yes, and General Soott never could have been so far 
advanced to the left, or it' lie had been, he could have staid 
but a very small time. 

Q. How far did you go into the woods .' 

A. I was close to the wood, and it was a pretty open 
wood, and all the troops that were then over the ravine, 
near the enemy, was Colonel Jackson's regiment close to the 
ravine. Colonel Grayson's halted in his rear, both in the 
hollow ; and in the orchard to my right upon the hill, and 
farther advanced to the left towards the house that was 
burning, 1 saw a party oi men, that from what I have 
understood since. I believe must have been Colonel But- 
ler's. 

Q. What were the particular orders you carried from 
General Lee to the front of the different columns .' 

A. The orders 1 carried to Mr. Langburn were, that the 
columns that he was with, who where at that time closing 
together to pass over the defile in front, and ou the left of 
Carr's house, were, that they should march to a height in 
open view that appeared flanked by two woods, and there 
halt. 

Q. Did you deliver any orders from Genera] Lee to 
General Scott thai day ? 

A. I did not, that I remember. 

Q. Did you sec General Maxwell's brigade in the field 
when you and Captain Edwards saw a large l>od\ vl' troops 
marching, which you took for General Scott's detachment ? 

A. We were then in the woods, passing by an encamp- 
ment of the enemy. The troops that 1 supposed to be 
General Scott's detachment, were marching down the road 



13o 



towards English-Town. I neither saw front or rear of 
them. I saw, I suppose, about the centre, and when we 
advanced as far as the plain, in open view of the Court- 
house, General .Maxwell was issuing out into the plain with 
his brigade. 

Q. Did General Lee, after (he troops had passed the last 
defile, make any disposition to check the enemy ! 

A. [f you mean the defile in front of Lord Stirling's po- 
sition, General Lee had intended to march all his command 
who were then with him, over that defile, and take posses- 
sion of the ground that Lord Stirling formed on : hut Gen- 
eral Washington coming up, destroyed that intention, by 
ordering General Lee to halt the rear of the troops, and by 
halting them himself who had not passed the bridge, and 
tight the enemy on that ground, as it was necessary to 
check the enemy there, the whole army being to be ar- 
ranged. 

Q. How do yon know that was his intention? 

A. He told me himself of it, and pointed to the ground 
before Lord Stirling had arrived on it. 

Q. Were you then in sight of the ground? 

A. I was : it was just before we met General Wash- 
ington. 

Q. Had you any directions how 7 to form the troops 
there ? 

A. I had no particular directions, but that they were to 
halt there. 

Q. What were the orders you were charged with for 
General Scott from General Lee ! 

A. The conception 1 have at present of these orders (I 
do not recollect the express words of General Lee) General 
Lee having before informed me that the column was to get 



136 



into the front of the enemy as they were retreating, or into 
their rear, as they were coming back, and observing General 
Lee, when I overtook him in the open ground, filing off the 
column to the left up the skirt of the wood, for the purposes 
evidently before-mentioned. I understood General Lee, as 
he made this remark, that the enemy are now returning 
back again. That General Scott had answered that purpose 
when he had arrived at the wood, which 1 should explain to 
him, and that he should defend that wood until General Lee 
should make a farther disposition, and he should get his 
particular orders, as that scheme of getting into their rear 
would be then fully answered, and the enemy could not re- 
treat again to their main body without falling in with him. 

Q. Did you carry any orders to the several columns from 
General Lee, after he had relinquished his design of halt- 
ing at the point of view ! 

A. I was not sent with any orders until we got near 
where General Washington was, which was a short time 
after I understood General Lee had relinquished Ins design 
of halting at the point of view. 

Q. Were any measures taken to find General Scott's de- 
tachment, after you carried him orders from General Lee, 
and could not find him .' 

A. None that I know of. 

General Lee's question. — Did you not think, when Gene- 
ral Scott left the wood, that our right flank was in greater 
danger than our left from the situation we were in .' 

A. As General Scott and General Maxwell, and the other 
troops that were to the left, made above two-thirds of your 
whole command, and the enemy seemed to bend their 
course from our left to our right, I can't conceive General 
Scott was in any danger at all. 



137 



General Lee's question. — What order was the different 
columns in when we passed the hither side of the ravine, 
when we were looking out for a position ? 

A. I did not see any troops that were in disorder in the 
course of the day until the party was broken on the hill. 
All the troops that I saw were in perfect good order, as 
far as the heat of the weather would permit 

General Lee's question. — Did I not complain to you, and 
express a wonder that there was not more disorder amongst 
the troops, from my being a perfect stranger to the officer.-, 
and they to me ? 

A. I heard you say that you were in a shocking situation, 
as you hardly knew a single man or officer under your com- 
mand, or his rank. 

General Lees question. — Did I not express an uneasi- 
ness at his Excellency's interfering and giving orders, 
when 1 understood he had, as it might clash with my pro- 
jects ? 

A. I did not hear you. 

General Lee's question. — Do you recollect anything I 
said to General Washington, as to the disposition of the 
troops, when we came up to the hill where Lord Stirling's 
line was formed ? 

A. You said you had all got there, and would be glad 
to know what his Excellency would have done with them ; 
whether he would have you arrange them in front, flank, or 
rear. 

General Lee's question. — Where was I when you first 
brought me the intelligence of the troops on the left having 
been gone off, whether advancing or retreating ? 

A. I think it was on the road leading from the Court- 
house to the left, but whether to Amboy or Middletown, I 



cannot determine. Vou were going, I think, to the left, and 
Colonel Hamilton bad just lefl you. 

Major-General Lee produoes to the Court a letter from 
Colonel Morgan, which being read, the part admitted as 

c\ Idenoe is as follows : 

Mannsquare Brook, June -9. 1778. 

"Sir, — Genera] Lee wrote me yesterday, at one o'clock 
in the evening, he intended to attack the enemy's roar this 
morning, and ordered me to attack thorn at the same 
time on their right flank." 

Colonel Jackson being sworn, says ; 

On the morning of the 28th of •' une, 1 reoeived orders from 
Colonel Brooks, then acting as A.djutant-General to General 
Lee's division, to march the detaohment then under my 
command, and fall in the rear o\' General Maxwell's brigade. 

There was some misunderstanding between General Scott's 

detachment and (ieneral Maxwell's brigade, bj both com- 
ing into the road at the same time, and L fell in the rear of 
General Scott's detachment. While 1 was there, 1 received 

orders from General Wax ne's Brigade-Major to maroh in front 
and join the advance guard, under the command of Colonel 
Butler. I was furnished with a guide for thai purpose, and 
joined him. 1 believe we marched on four or five miles, more 
or less, when we discovered the enemy bj Monmouth Court* 
house, a jiartx of horse and a party of infantry. At this 

place (Jeneral Lee ordered us to form the lino in front of B 
WOOd. Then (ieneral Lee rode towards the enenix , soon 
returned, and ordered us to advance Colonel Butler Was 

ordered off, and 1 imagined at thai time that he was ordered 

oft" to fall in between thai party at the Court-house and their 



mo 



main body. 1 did no! hear the orders. At this time the 
division under General Lee was halted. There came up 
orders from General Wayne, for my detachment imme- 
diately to join Colonel Butlerjbut before thai I had orders 
from General Lee to march through the woods upon crj left, 
to support Colonel Oswald with the artillery. Colonel 
Oswald was then on the ground with General Lee's division, 
and upon these orders coming up from General Wayne, 
Genera] l-ee ordered me off immediately to join Colonel 
Butler, and desired Colonel .Ma I medio to guide me to Colonel 
Butler, who was then, I imagined abou( a mile and a half 
obliquely to the left in my fronl ; and, on ray march to join 
Colonel Butler, L heard several cannon fired, butfrom whom 
I could not tell. 1 found Colonel Butler just in the skirts 
of the wood, and as I came up 1 heard General Wayne 
order him to cross an orchard and march on towards the 
enemy, and Ordered me to follow him. That body of (he 
enemy that I saw at first at iMonmouih Court-house had 
joined a, body id' men that, I look to he their main body. 
The body 1 saw at Monmouth Court-house I took to he a 
decoying party, on acoouni of my seeing the body, which I 
took to be their main body, so near. Upon the order being 
given, Colonel Butler's men marched on, and my men hav- 
ing inarched a mile and a half on the run, Colonel Butler 
was about one hundred yards in fronl of me, Colonel Butler 

had crossed the orchard, and got into the plain; just :is 1 

had got into the orchard I saw ,i large column of dustabout 
four or five hundred yards upon my right Hank. The fust 
that I knew what it was, was one of our light-horsemen 

rode up and said : For (bid's sake form, or we are cut to 

pieces. I immediately ordered the divisions to wheel to 

the right and form (he line. Colonel Uutlerat this Lime 

1« 



140 

had formed the line about one hundred yards upon my left. 
Our light-horsemen rode upon each flank and went into the 
rear, and went off. The British light-horse pursued them 
until they got to within about forty yards of us, when they 
discovered us and discharged their pistols. Sonic of my 
men were going to fire, but I ordered them not to tire until 
I had given them orders. As soon as the British light- 
horsemen fired Colonel Butler's men fired, and the enemy 
rode off as fast as they could ride. 1 stood in that position, 
as near as I can recollect, for about ten minutes, when I 
received orders from Colonel Butler to join him and march 
on. I wheeled into divisions and marched on. Colonel 
Butler inarched on likewise. 1 was still about one hundred 
yards in his rear. At this time I could see a very heavy 
body of the enemy as far as I could see from their left to 
their right. As Colonel Butler and myself were marching 
across this field, the enemy opened two pieces of cannon, or 
more, on Colonel Butler and myself. After they lived seve- 
ral shot Colonel Butler went into the woods. The second 
shot they fired struck the arm off of one of my grenadiers. 
The reason I imagined Colonel Butler went into the woods 
before me, was his being so much nearer to the woods than 
I was. After the enemy had tired ten or twelve shot, and 
seeing nobody in my front, I ordered my detachment to 
oblique to the left, and form under cover of the wood that I 
imagined Colonel Butler went into. In forming them as 
the road run, it threw my left down into a valley. At this 
time the enemy had ceased firing where they had at first 
opened their cannon on Colonel Butler and myself, and 
advanced, through a field, a very heavy column from their 
left, of what appeared with a considerable body of horse. 
I believe it was before this time that Colonel Oswald came 
up to the orchard where we were at first charged, began to 



141 



play on them, and exchanged a number of shot. A body of 
men (under the command of Colonel Grayson, as I under- 
stood afterwards) marched upon the left of Colonel Oswald. 
This body of the enemy kept advancing. The cannonade 
ceased between Colonel Oswald and the enemy, and I did 
not like my situation at all, as there was a morass directly 
in my rear, and a height that commanded the morass. I 
called Lieutenant-Colonel Smith to me, who was the next 
in command in the detachment ; I asked him if he did not 
think it best for me to cross the morass and post myself 
upon the height that commanded it. lie asked me if I had 
any orders. I told him no. lie made reply, for God's sake 
don't move without you have orders. I either desired him, 
or he offered himself, to go and sec if there was any person 
to give me orders ; he returned in a few minutes and told 
me there was no person there. Knowing my situation to 
be exceeding bad, I told him, then I'll risk it, and I'll cross 
the morass; I ordered my detachment immediately to move. 
As we were moving, a gentleman came up to me, and asked 
me if I had seen General Scott or General Wayne. I told 
him I had not for some time. The gentleman rode towards 
the enemy, returned in a few minutes, and told me to re- 
treat into the woods, the woods being on my left flank. 
When I retired with the men to go across the morass, I 
inarched from the left, and Lieutenant-Colonel Smith led 
the detachment. When we had got well in the woods, the 
detachment halted ; I went up to Lieutenant-Colonel Smith 
to know the reason of their halting; he told me the men 
were beat out, and could go no further, and thought it was 
best to halt there eight or ten minutes to give them breath. 
After laying in the woods, I believe, one-quarter of an hour, 
(no cannon being tired at this time, nor did we know what 



142 



was going on) a gentleman came up and asked me if I 
wanted to get out of the woods, and that the enemy were 
close in our roar. We formed and marched on until we 
came up with General Lee's division again. General Lee 
ordered us, when we got in a plain to form against a rail 
fence. After we had formed there, he ordered us to retire 
to a fence in the rear, and ordered ns to form there again. 
After this General Lee, if I recollect right, ordered me to 
retire, and said, for I mean to effect a retreat, (but before 
this Colonel Oswald came up with his cannon and cannonaded 
the enemy.) This was on a plain about a mile on this side 
the Court-house, between the Court-house and English-Town- 
I retreated then into a wood in the rear of this plain, stopped 
there a little time, and those in my rear called out, Colonel 
Jackson, march on! march on! and I don't recollect that I 
halted the men again until I got in the rear of English-Town. 

General Lee's question. — Do you recollect the reason of 
that great interval between your detachment and Colonel 
Butler's ? 

A. The first of my seeing you, I rode up and told you 
that my men had but thirteen or fourteen rounds of car- 
tridges. At this time Colonel Butler was ordered off. You 
told me that you would see that I was furnished, by taking 
one cartridge from each man, and you ordered me to send 
my sergeants out for that purpose, with one of your Aid-de- 
Camps. After this you ordered me on, and I gave you for 
answer that my sergeants had not returned from collecting 
the cartridges. In a few minutes afterwards they returned, 
and the cartridges were delivered to the men, and we 
marched off in a very short time afterwards, I don't know 
but instantly. This, I believe, was the reason of the 
interval. 



143 

General Lee's question.— Had you not every reason, from 
my appearance, and from what was done, to suppose that I 
was determined to attack? 

A. I had. I re m ember when I got through the wood, 
where I fell in with Colonel Butler, I saw the head of the 
column advancing, which I took to he the head of your 
division, through the road. I remember when we had 
formed the line in the wood, several persons came up and 
brought intelligence, some that the enemy were retiring, 
and some that they were advancing; and you said that the 
enemy were either playing a game at chess, or you intended 
to play a game of chess with them. 

General Lee's question. — Do you recollect the person 
who came up to you and asked you if you had seen General 
Scott or General Wayne ! 

A. Two or three days after the 28th of June, Captain 
Mercer asked me if I did not recollect some conversation 
that passed between him and me, when he came up and 
asked me if I had seen General Scott or General Wayne. 
I told him I recollected that a person came up to me and 
asked me if I had seen General Scott or General Wayne, 
but I did not recollect the person ; he told me he was the 
person. 

Q What reason had you to suppose that was the main 
body of the enemy, that the body that you took for a decoy 
had joined ? 

A. The reason that I took them for the main body was. 
because 1 could not suppose they could afford so large a 
rear guard as that body appeared to me; as far as I could 
see them they appeared to be moving. The front was ad- 
vancing, and the whole appeared in motion. The horse 



144 



that charged might have been the same horse that I saw 
near Monmouth Court-house. 

Q. When you were marching on after Colonel Butler you 
mention to have seen a very heavy column of the enemy, as 
far as you could see from left to right ; was this the same 
body you have mentioned you took for the main body of the 
enemy ? 

A. Yes. 

Q. Do you know the gentleman who offered to conduct 
you out of the woods ? 

A. I don't ; he was a countryman. 

Q. Could you estimate the number of this body of the 
enemy ? 

A. I should have supposed the apparent number to be at 
least three thousand men, but as I saw no end to them, I 
had reason to suppose there were more. 

The Court adjourns till to-morrow, at uine o'clock. 

JULY 22d. 
The Court met according to adjournment. 

Lieutenant-Colonel Olny being sworn, says : 
That on the morning of the 'isth of June last, as Generals 
Scott and Varnum's brigades, under command of Major- 
General Lee, were advancing towards the enemy at Mon- 
mouth, :ifter they had marched about a half a mile below 
the Meeting-house, on the road leading to Monmouth, a 
small skirmish happened a little in front between the 
British horse and militia, in which the militia gave way. 
On seeing this, Major Edwards, one of General Lee's aids, 
directed Colonel Durkee, the then commanding officer, to 



145 

post the troops as advantageously as possible, until he could 
ride into the rear and inform, the General what was passing 
in front. The troops were accordingly formed on a height 
in front of the Meeting-house and in rear of a morass. The 
General soon arrived in front, and after some little lime the 
troops were ordered to advance, hut intelligence was brought 
that the enemy were advancing upon us with cavalry and a 
heavy column of infantry, which induced the General to 
order the troops to retire over the morass and take post on 
their former ground. Soon after this the General received 
information that the enemy were not advancing. We were 
then ordered to move on again, but had not advanced far, 
when more authentic intelligence was brought that the 
enemy were actuaHy advancing with a strong body of in- 
fantry and cavalry. On this we were ordered to our for- 
mer ground, but before we had passed the morass, informa- 
tion was brought that the enemy were not within a mile of 
us, and were not advancing ; this occasioned a halt for a few 
minutes, and the General, seeing that no kind of confidence 
could be placed in the intelligence he had received, swore he 
would not depend any longer on such bad intelligence, but 
would march the troops on until he saw the enemy, and after 
marching about half a mile a scattering fire began with some 
troops in front. We then took a road through the wood on 
our left, which brought us into the cleared land, in fall view 
of the plains in front of the Court-house, where we discovered 
a large body of the enemy paraded in the edge of the wood on 
the further side of the plain. We were halted, and a small 
body of men appeared in front on the plain near the wood, who 
the General took to be the enemy, and accordingly detached 
me, with Colonel Angel's regiment, with orders to go through 
the wood on our left and attack them ; but on a near approach 



146 



I found them to be our men. I then marched the regiment out 
on the plain and formed the line in view of the enemy, where I 
halted a few minutes; but seeing the enemy were advancing 
in column from their left, and our troops retiring, I then 
wheeled the regiment by platoons to the right, and marched 
oif to join the brigade, but before I had joined them I was 
met by General Lee and General Wayne, who ordered me 
to move on and cover the artillery under Colonel Oswald, 
then playing upon the enemy: but before I came up to the 
ground the artillery had moved oft". I then fell in and 
joined the brigade ; by this time we had two men killed 
and two wounded with cannon shot, in Colonel Angel's regi- 
ment, which, however, did not disorder or confuse the 
troops. After retiring near a mile, the troops were halted 
for about ten or fifteen minutes in an orchard, to refresh 
themselves, but the enemy gaining fast upon us we retired 
across a morass and formed upon the height north of the 
orchard. The artillery at this time being a little in our 
rear, and as the enemy were within reach, two pieces, I 
think, under Captain Cook were ordered to move up and 
play upon them. Soon after this I saw the troops were 
again retiring, and General Varnum's brigade received 
orders from General Wayne to retire along the road on our 
left to cover the artillery in front, or it would be lost; we 
immediately tiled off to the left, and before we had formed 
the line, Colonel Hamilton rode up to the brigade and 
ordered us to form with all possible dispatch, or he feared 
the artillery in front would be lost, and by the time we had 
formed the enemy had advanced within good musket shot, 
and the two pieces of artillery had got nearly to the fence, 
and as soon as they had passed into our rear we began the 
fire, and after exchanging about ten rounds with them we 



147 

were obliged to retreat with considerable loss on both 
sides, but not till after the enemy had outflanked us and had 
advanced quite up to the fence by which we wore formed. 
We then made the best retreat in cur power into the rear 
of the army, where we collected as many of the brigade as 
we could find, and marched back to English-Town. 

General Lee's question. — What corps did you find when 
you marched up to attack them and found to be our people ? 

A. I don't know what corps, but I think it was the corps 
commanded by Colonel Butler. 

General Lee's question. — In the course of the day, do 
you think our troops were in good order, considering circum- 
stances ! 

A. Yes. The men were exceedingly fatigued, and there 
were but few stragglers. All the other men that I saw 
kept their platoons aud divisions with the greatest exact- 
ness. 

General Lee's question. — Did you observe in me clear- 
ness, precision and attention, through the course of the 
day, or the reverse ? 

A. Whenever I saw you you appeared to possess as much 
coolness and calmness as any officer I was ever in action 
with, and you did not appear to be confused. 

Q. How many men of the enemy could you perceive that 
were paraded in the skirt of the wood? 

A. I took those that were moving and those that were 
halted, to be between four aud the thousand. 

Q. Lid you sec a body of the enemy move from this skirt 
of wood towards the Court-house ? 

A. Yes. 

Q. How great a number did you suppose them to be ? 

A. I took them to be upwards of fifteen hundred or near 
19 



148 



two thousand men ; these were all that I saw move from 
that skirt of the wood. 

Q. By whose orders did you retire to English-Town ? 

A. We had no particular orders, but after we had got in 
the rear of the army, Colonel Russel, who then commanded 
the brigade, seeing that a great number of the troops were 
retiring towards English-Town, told, as the men were ex- 
ceeding dry, to form what men we euuld and march where 
we could get water, which was to English-Town. 

Q. In your retreat did you meet with any part of the main 
army that was advancing ? 

A. I do not recollect that we did. 

Q. Which road did you take ? 

A. We took the same road we advanced on in the moru- 
iiifj ; the plain road, I took ir, from English-Town to Mon- 
mouth Court-house. 

Q. Was the main body of the army formed I 

A. Yes ; I saw two lines which we passed by. 

Q. What part of the retreating troops were you in? 

A. Nearly in the rear. 

Q. Were you present when General Lee received the 
several pieces of intelligence respecting the enemy, or did 
you understand it by hear-say ? 

A. I was present. 

Mr. Gilman being sworn : 

General Lee's question. — I>o you recollect bringing a 
message to me from General Washington, and the time ? 

A. In the morning of the '28th of June, I think about ten 
o'clock, the Adjutant-General, by order of his Excellency, 
sent me to you to see how far you had ad\anced, and to get 



149 

information of the intelligence you had of the enemy. I 
came up with you about a half a mile beyond the morass, 
which afterwards parted the enemy's army and ours. I 
asked you what intelligence you had of the enemy. You 
told me you had been deceived by false intelligence, which 
had detained you; first hearing that the enemy were formed 
in the village, then that they were marching off, then more 
authentic intelligence that they were formed in the village. 
I then asked you where the enemy were. Colonel Lau- 
rence, who was then present, told me if I would ride with 
him he would show me. We rode near the village, and 
found the rear guard was just marching down the road to 
Middletown. I then proceeded down by the left flank of 
the enemy, where I discovered five or six men of ours with- 
out an officer. I advanced with these men near the enemy. 
Upon our near approach, they began a scattering fire, and 
their cavalry made a charge upon some horse in our rear. 
An officer then came from General Wayne with some ore'ers 
to the party with me ; upon which I left them and went to 
you, who I found on the right near the road leading to 
Monmouth Court-house, and informed you I was going to 
his Excellency, and asked von what I should tell him. You 
replied I might tell him they had attacked the rear guard 
of the enemy, and you were in hopes of cutting them off. I 
then went back to General Washington, whom I met at the 
head of a column, about one mile back of Freehold Meeting- 
house. 

General Lee's caiestion.— Do you recollect my asking you 
where the General was, and your telling me ? 

A. Upon my first seeing you I think you asked me where 
General Washington was. I told you I left him at English- 
Town. 



150 



Question by the Court. — When you speak of a scattering 
fire, was that fire made on the party with you ? 

A. Yes ; there were no other troops near at that time, 
that I saw. 

Lieutenant-Colonel Oswald being sworn, says: 
The evening of the '20th of June, at Cranberry, I joined 
the two brigades, Scotfs and Yarnum's. with four pieces of 
artillery. About half an hour after one in the morning of 
the '28th, we were assembled about three-quarters of a 
mile in the rear of English-Town, on the heights, and 
marched into English-Town, where we were detained some 
time for want of a guide. The guide being procured, 
the two brigades, Scott's andVarnum's, under the command 
of Colonel Grayson, advanced towards Monmouth Court- 
house, having about six light-horsemen in front. As we 
were advancing we overtook several small parties of militia 
falling in in a very confused manner. When we reached 
the first morass just in front of the position, afterwards 
taken by Lord Stirling, we then received intelligence that 
the enemy were near us. Colonel Grayson and myself rode 
up in front upon the hill, where we found General Dickinson 
with a few militia. I heard General Dickinson advise 
Colonel Grayson not to let the troops advance any farther, 
until he had made himself further acquainted with the situ- 
ation of the enemy ; that as there were two roads which led 
from Momnouth Court-house, one on our right, the other on 
our left, to English-Town, it might be an easy matter for 
the enemy to advance a column of their troops on each road, 
and cut off our retreat to English-Town. By this time 1 
discovered Colonel Durkee marching the troops and taking 
post on the ground where Lord Stirling afterwards took his 
position. Here we hail several false alarms, that the enemy 



151 



were advancing; and then that they were not advancing, 
and a small fire with the militia in our front. Colonel Gray- 
son then advanced with his regiment, where the militia were 
engaged, and I followed with one piece of artillery, and 
when we got in front of the hedge-row we saw no enemy. 
Geueral Lee, General Wayne, and some other officers came 
up at this time, and rode off, as I suppose, to reconnoitre 
the enemy ; soon after they returned, I received orders 
from General Lee, as I understood, and Colonel Grayson's 
regiment, to join the two brigades, Scott's and Vamum's, 
upon the hill. At this bridge we had crossed and re- 
crossed two or three times, in consequence of the intelli- 
gence we had received being vague and uncertain. Colonel 
Butler's detachment, and Colonel Jackson's regiment came 
up, and were advanced in our front in the road; Scott's and 
Vamum's brigades followed them. After marching about a 
mile and a half or two miles, we were halted while some 
dispositions were making fur an attack. After getting to 
within about half a mile of the Court-house we were in- 
formed the enemy were there. I then rode out into the 
plain and discovered their infantry and horse at the Court- 
house ; then ordered a party of artillerymen to make a 
breach in a fence, and moved out with the two pieces I had 
in front. General Lee, who had been, I suppose, reconnoi- 
tering the enemy, rode up to me and ordered me back into 
the woods again, saying, that he did not mean to show them 
that we had any artillery there, or to show ourselves for the 
present; some little halt being made respecting some am- 
munition for Colonel Jackson, Colonel Grayson's regiment, 
who had been ordered to cover my two pieces 1 had in front, 
was then ordered off under Lieutenant-Colonel Parke, to 
support Colonel Butler, who was then advanced on the left ; 



152 

some part of Colonel Jackson's regiment was then brought 
in front, as a cover for the two pieces of artillery. We 
were then ordered to advance on a road leading nearly to 
the left, and running nearly parallel to the road the enemy 
were in. As it appeared to be a difficult road for artillery, 
and apprehensive that some accident might happen to the 
pieces from the badness of the road, being miry, rough, and 
uneven, 1 was halted in the main road, and riding out into 
the plain, I saw General Lee again, and requested that I 
might he permitted to go out in the plain with my pieces, 
for that I understood from a gentleman who was on horse- 
hack, that the enemy were retreating, and the enemy's rear 
in some confusion I obtained the General's consent for 
one piece to go : but on observing I had but one ammuni- 
tion wagon for both piec !S, and that 1 must cither go with 
both or none, he consented to my going with both pieces, 
and observed to an officer of light-horse, that a party of the 
enemy, which was judged to be their rearguard were ours, 
for that every man of them could be taken, and then rode 
off into the woods, as I supposed, to give orders for the 
attack. 1 brought out my two pieces into tin- plain, and 
advanced towards the enemy's rear, when 1 discovered a 
body of the enemy's horse charge some persons who ap- 
peared in no regular order on horseback, and pursue them 
near a skirt of wood, where 1 heard a discharge from our 
infantry, and saw the enemy's light-horse gallop off in great 
haste As they were retiring I tired four or five shot at them 
from tw o field pieces, and supposing that the enemy were still 
retreating, 1 ordered Captain Wells to limber up the pieces, 
while I rode on in front to explore a morass to see if I could 
find a place to pass over with my pieces. I was informed by 
sumo gentlemen on horseback, that there was a causeway over 



153 

it, over which I passed with the two pieces, advanced into a 
field of grain near the enemy, when I discovered they had 
formed in a line. Before I passed over the causeway, Colonel 
Malinedie called to me, and told me I should lose my pieces 
if I crossed over there, for there were no infantry on my right. 
I desired that he would ride into the woods and acquaint 
the commanding officers there that I was going over the 
morass, and that it was necessary I should have some 
infantry to cover me. He rode off into the woods, I sup- 
posed for the purpose, and I passed over the morass into 
the grain field: I then unlimbered and began to cannonade 
the enemy, and discovered a small body of onr infantry 
coming out of the woods on our left obliquely to my right 
in front of my pieces, which I first took for a covering party, 
but found they had passed me. I was under a necessity of 
ceasing firing until they had passed my front; at the same 
time I observed General Varnum's brigade obliquing in the 
same manner in my rear, with their two pieces of artillery. 
Here I had two men killed and two horses, and the men 
falling down by the pieces, two or three at a time, fatigued 
by the heat, so that one of my pieces was disabled, and as I 
saw no infantry on my right or left but what were retiring, 
1 availed myself of the opportunity of retreating under 
cover of General Varnum's brigade that was just in my 
rear. A little in front of the causeway General Lee came 
up and asked the reason of my retreating ? I told him my 
round shot was all expended, and one piece disabled. He 
asked me if I had no more ammunition ? I replied that 
the ammunition wagon had not been brought over the cause- 
way, and as it was large and unwieldy I had left an officer 
to bring it over, but he did not get to the causeway with it 
before we retired over. The enemy begun to return the 



154 



cannonade as soon as I had fired, and continued to cannon- 
ade us as we retired, and they were advancing. I then 
formed the pieces that were with General Varnum's brigade, 
the two pieces that I brought over, and two pieces under 
Captain Seward in an orchard, and began to cannonade a 
column of the enemy that was advancing on our right. 
That part of the enemy that had formed in line, which I at 
first cannonaded, it appeared to me, had formed in column, 
as there appeared to be two columns advancing at a little 
distance from each other. The enemy's artillery continued 
cannonading us. Here I remained for some minutes, when 
I saw the infantry still retiring, and a number of persons 
on horseback crying out: Retreat! retreat! for that they 
were advancing on our right and left in columns. I ordered 
my pieces limbered up and to move oif. I had scarcely got 
in motion when General Lee came up and ordered me to 
place the pieces there again, and remain till I had his 
orders to retreat. I renewed the cannonade again, and not 
many minutes after two or three French gentlemen from 
the Marquis de La Fayette's suite came and ordered me to 
retreat with the pieces. I paid no regard to the order, but 
continued the cannonade. Shortly after this the Marquis 
came up himself, and ordered me to retreat. I told him I 
had General Lee's orders to remain there, until I had his 
order to retreat, and could not retreat, lie told me that he 
had it in command from General Lee that I should retreat, 
and told me that the enemy were advancing on my left, and 
that there was none of our infantry on the right, and that I 
had not a moment to lose, and introduced a French gentle- 
man to me who was to conduct me to an eminence with my 
pieces in the rear. After I had formed upon this eminence, 
which I suppose was about a quarter of a mile in the rear 



155 

of where I was, I discovered on my left General Maxwell's 
brigade and General Scott's detachment coming out of the 
wood upon this eminence I had formed for action, and had 
taken two pieces from General Scott's detachment and two 
from General Maxwell's brigade, making in all ten. I 
heard some person just behind me ask one of my officers 
what we were doing there with the pieces, and why we did 
not retreat. I turned my horse about and saw it was Gen- 
eral Maxwell. I told him I had my orders ; upon which he 
said, very well, and went off. Soon after Colonel Living, 
ston came up, and told me he was ordered there as a cover- 
ing party to the artillery. Here again I received various 
orders to retreat from sundry persons ; one of the persons, 
I understood, was in the Marquis de La Fayette's family. 
Just after Major Shaw came up, and said that it was Gen- 
eral Lee's orders that I should retreat. He rude off, and I 
prepared to retreat. Just before I had crossed the defile 
near Carr's house, several persons were crying out, drive 
on! drive on! As I supposed they had no business there, 
I paid no regard to them, but ordered the drivers to drive 
steadily on. Just after I ascended the hill on the plain, 
Major Shaw came up, and said it was General Knox's order 
1 should form my pieces there ; but before this, I had or- 
dered the two pieces I had taken from Scott's detachment, 
and the two that I had taken from General Maxwell's bri- 
gade, to join their brigade again. The two pieces under 
Captain Wells being disabled by the men suffering from 
the heat, I had before sent (ill, so that I had but four pieces 
left. Here it was I saw Colonel Fitzgerald ; I told him 
that my men were fatigued, two or three dropping down at 
the time by the side of the pieces, that I should be glad if 
I could get some fresh artillery brought up. He referred 

20 



156 



nie to General Knox, who was just in my rear. The Gen- 
eral canie up to me, and I repeated my request, that I 
should have some fresh artillery sent up to me. He told 
me that I should have them. By this time the enemy were 
pretty near. I observed that Colonel Livingston, who had 
been ordered to cover me, was not in front, as I faced the 
enemy. I supposed he had gone into the woods on my left, 
where Colonel Stewart and Lieutenant-Colonel Ramsay 
were ; but I afterwards understood he was at the hedge- 
row, where General Varnum's brigade was. The enemy 
brought up their artillery and the cannonade began between 
both parties, and the infantry were engaged in the skirt of 
wood. After engaging some time, I received orders from 
General Knox to retreat. Captain Seward, who was on the 
right, moved off the ground ; I brought up the rear with 
Captain Cook's two pieces, and placed them on an eminence, 
just in the rear of the hedge-row, where I found the troops 
formed. Through the breaches that had been made in the 
fence I discharged several grapes of shot at the enemy, the 
infantry being engaged with them; General Lee at this time 
being a little distance on my right, observed that the ene- 
my's horse were charging our right, asked where were our 
horse. The enemy's horse then being on our right, and the 
infantry retiring from the fence, General Knox came up 
and gave orders for the pieces to go off. I retired with the 
two last pieces to the hill where Lord Stirling had taken 
his position. 

General Lee's question. — When 1 came up to you, you 
informed me that you wanted round shot ; at the time when 
the first retreat was made, were you not convinced, from 
everything I said, and from everything I did, that the first 



157 

retreat was without my orders, without my knowledge, and 
contrary to my inclination ? 

A. From your asking me that question, the reason of my 
retreating, I should suppose you did not intend to retreat. 

General Lee's question. — Are you certain it was General 
Scott's detachment and General Maxwell's brigade that 
you saw come out of the wood, or their artillery only? 

A. I am not certain that it was General Scott's detach- 
ment, but I got their artillery, and there was a body of men 
with the two pieces; but I am certain it was General Max- 
well's brigade. 

General Lee's question. — As Colonel Fitzgerald, when he 
spoke of your embarrassment, with respect to your pieces 
not being supported, do you recollect that then there was a 
body of men on your left in the wood to support them ? 

A. I recollect that there was a body of infantry engaged 
in the woods on my left, then, but I do not recollect they 
had particular orders to support my artillery. 

General Lee's question.— Through the whole course of the 
day, did I not show the greatest attention, and take the 
greatest care, that the battalions should support the artil- 
lery, and the artillery the battalions, in all my retrograde 
manoeuvres ? 

A. Colonel Grayson's regiment was first ordered to sup- 
port me ; when he was ordered off, part of Colonel Jackson's 
regiment was ordered to support my pieces, and Colonel 
Livingston's regiment was ordered likewise for that pur- 
pose, all at different times, by you, and I had great atten- 
tion paid to the support of the artillery by you. 

General Lee's question. — Through the whole process of 
the day, and upon all occasions, was I not perfectly com- 
posed and tranquil, and fully possessed myself? 



158 



A. You appeared calm and iutrepid, and seemed fully to 
be possessed of yourself. 

Q. What disposition was made for attacking the enemy 
after you had marched about a mile and half or two miles, 
and halted ? 

A. Colonel Butler's corps and Colonel Jackson's corps 
were advanced on the enemy's left flank in the woods, and I 
hoard General Wayne address himself to the regiment that 
was in front of the artillery, which I suppose was Colonel 
Grayson's, and say: Now, my brave Virginians, you are the 
boys that are to make the attack, or charge ; here are the 
artillery and the infantry in your rear, who are to support 
you. 

Question by the Court. — How great was the number of 
the enemy that you discovered when they were advancing 
in two columns? 

A. I supposed the number might be between two and 
three thousand; I formed no exact judgment of the matter 

Question by the Court. — Was the whole of your artillery 
at all times well supported ? 

A. Iwas exposed at different times ; no infantry being on 
my right or left, that I discovered, and had the enemy 
charged with spirit, I think I must inevitably have lost 
some pieces upon the last hill, when the enemy's horse had 
charged upon the right, when General Lee asked where were 
our horse? The infantry being retiring, had the enemy 
pushed on with spirit they must have taken the two pieces. 

Q. When General Lee came up and ordered you to 
place your artillery there again after you had began to 
retreat, had you any infantry then to cover your artillery ? 

A. I discovered none on my right, but I just before 



159 



observed General Varnum's brigade go into the woods on 
my left. 

Q. Did you apply to General Lee then for any infantry 
to cover your artillery ? 

A. I did not. 

Question by the Court. — When Colonel Livingston came 
up and told you he was ordered to the support of the artil- 
lery, did he tell you by whom ? 

A. I think he said by General Lee. 

Question by the Court. — Did you hear Colonel Livingston 
receive any orders to leave your pieces? 

A. No. I suppose that, not observing that I had halted 
my pieces, and seeing the infantry retreating, he retreated 
likewise; but T understood afterwards he had formed at the 
hedge-row with General Vanillin's brigade. I afterwards 
got in the rear of the hedge-row, and the infantry there were 
my support. 

General Lee's question. — Do you attribute your pieces 
being exposed to any want of precaution in me, the fatigue 
of your troops to accident or to the nature of the manoeu- 
vre? 

A. Not from any want of precaution in you, hut. from tlic 
heat and fatigue of the day, both men and horses being ex- 
ceedingly fatigued. 

General Lee's question. — Was not I in as great, danger 
myself as your pieces were when the enemy's light-horse 
attaked on the right ? 

A. You were. 

General Lee's question. — When the troops retreated, was 
I not one of the last that remained on the field? 

A. You were. 

The Court adjourns till to-morrow, at nine o'clock. 



160 

JULY 23d. 
The Court met according to adjournment. 

Brigadier-General du Portal being sworn : 

General Lee's question. — Did T not entreat you to go up 
and find out a proper position in our rear ? 

A. Yes. 

General Lee's question. — Did I give you any reason for 
not going myself? 

A. I do not remember. 

General Lee's question. — When I rode up to the position 
which you discovered, which you thought was a proper one 
to halt and face on for some time, did you not observe to 
me, that that spot was commanded by one in front, which 
was separated from us by a ravine, and that I should place 
some pieces of cannon likewise there? 

A. That spot in front was a part of the position I meant 
you should take. 

General Lee's question. — Did I not afterwards request 
yen to go with Mr. Wikoffto look for a position ? 

A. I don't remember that you did. 

General Lee's question. — Did 1 not request you afterwards 
to ride off with some gentlemen to look for a position ? 

A. 1 don't remember that you did. 

Captain Cumpiton, of the artillery, being sworn, says: 

The action of the '2Sth of dune, I was in General Lee's 
division, under the command of Captain Cook, with two 
pieces of artillery, attached to General Yarnum's brigade. 
We left English-Town about sunrise, or a little after, on our 
march to Monmouth Court-house. The brigade halted about 



161 



a half a mile in front of Freehold Meeting-house, with a 
morass in our front. We got our pieces in readiness for 
action ; ahout this time there was a skirmish in a skirt of 
woods in our front, that was said to be by the militia and 
the enemy's light-horse. I saw the militia retreat, form and 
advance on the enemy. Shortly after this I saw General 
Scott's brigade, commanded by Colonel Grayson, advance. 
In ahout ten minutes after this, we received orders to limber 
our pieces, and advance with the brigade we were attached 
to. We rose a hill in front of the morass about three hun- 
dred yards; we there formed, unlimbered our pieces. 
Shortly after tins I saw several persons riding up, among 
whom was a light-horseman ; he said the enemy were ad- 
vancing. We received orders to limber our pieces and 
retire with the brigade. By the time the front of the bri- 
gade had got to the morass, I saw General Wayne coming 
in great haste ; he ordered the brigade to halt; inconse- 
quence of which I suppose the brigade was halted. Shortly 
after this I saw General Lee; a person, who appeared to be 
an inhabitant, rode up to General Lee, informed him there 
was a heavy column of the enemy advancing on our right. 
General Lee desired him to go about his business, and not 
again to bring him any such reports. General Lee then 
ordered his Aid, Captain Mercer, to go himself, and see 
what number of the enemy there were : Captain Mercer re- 
turned in a short time and confirmed the intelligence the 
General had just before received. We then received 
orders to retire in rear of the morass, took the same ground 
we not long before had occupied. A short time after this we 
received orders to advance ; after advancing about a mile I 
saw General Scott coming out of a field on our right, he 
paid the enemy were in full view. We halted at this place 



162 

in the road ; at this time there was a scattering fire upon 
our right. As we were halted I wont up to the side of the 
fence, I saw several light-horsemen that were exchanging 
shot singly at each other ; we then received orders to ad- 
vance, met with a forks of a road, and were ordered to take 
the left-hand ground. We advanced on the road about 
three-quarters of a mile, halted in a ploughed field, unlim- 
bered our pieces ; there soon began a fire on our right, in 
a skirt of woods. Soon after this there began a cannonade 
from the enemy ; we received orders to file off by the right. 
This time the enemy were marching obliquely to their left : 
we crossed a morass, and retired near to Monmouth Court- 
house, we there formed ; by this time the enemy were in 
front of us. A cannonade began from both parties. The 
enemy then filed off by their right; I then lost sight of 
them by the means of a piece of woods that was in the left 
of our front. I saw General Lee on our left ; he asked, 
who in the name of God had ordered the troops from a piece 
of woods he had placed them in. At this time Colonel 
Oswald was the nearest to him of any officer I saw ; I did 
not hear any person give the General an answer, hut his 
expression was, his orders not being obeyed might or would 
prove the ruin of the day. We received orders to march, 
retired upon a hill that was to the right of us in our front 
as we were retiring. By this time our men were very much 
fatigued that were at the pieces. Some French gentlemen 
rode up. Colonel Oswald at that time informed the gentle- 
men who rode up, that the men were so fatigued, it would 
be necessary that they should form in a wood for the benefit 
of the shade. We moved from that place, but not in a wood. 
Shortly after this our pieces were ordered to advance. We 
advanced : a cannonade between the enemy and us began ; 



163 

the cannonade lasted until we had fired a dozen or fifteen 
rounds from each piece. We again received orders to re- 
tire, fell in the rear of a piece of wood. After we had 
halted, I saw a person, who I took to he General Maxwell, 
coming from the wood which was in our front ; he asked 
Colonel Oswald or Captain Cook, why the pieces of artillery 
did not move off. He was answered by one of the gentle- 
men, that we were ordered there with them. Shortly after 
this there was a considerable skirmish in the woods in our 
front ; our people gave way. General Knox was very near 
me, and ordered me to give the enemy a shot; I told him 
I was fearful of injuring our own people, but, to the best of 
my remembrance, he told me I might fire over their 
heads, or to their right, or any way so as not to in- 
jure our people, but to check the enemy. We then lim- 
bered our pieces and retired a short distance, formed in 
the rear of a party of troops that were there to cover our 
pieces. The enemy were advancing ; a very heavy fire be- 
gan of musketry in our front and on our left wing. General 
Knox gave us second orders to give the enemy a shot. I 
believe our people made a stand there for about two min- 
utes ; after giving them two or three charges of grape shot, 
we were ordered to retire. The main body of our army, as 
I supposed it to be, were then formed upon an eminence in 
the rear of the morass we first crossed in the morning. We 
retired across the morass. By the time we had crossed it 
with our pieces, there began a cannonade from our army 
who were on the hill. When I joined the main body of the 
army, my men were so much fatigued, and only eight of 
them left with two pieces, that Colonel Oswald ordered me 
off the field. 

General Lee's cmestion. — Do you recollect any point of 
21 



164 

time in the day that I did not pay a proper attention to the 
support of the pieces that you were near ? 

A. I don't recollect any part of the day that the pieces 
were not well supported. 

General Lee's question. — Don't you think that the two 
pieces of Captain Cook's, near the hedge-row, were well 
supported by a cross-fire of infantry from the woods ? 

A. Yes. 

General Lee's question. — Do you recollect Colonel Fitz- 
gerald's coming up and speaking to you or Captain Cook ? 

A. I don't recollect it. 

Lieutenant-Colonel Brooks being sworn, says : 

About one o'clock in the morning of the 28th of June 
last, General Lee received an order from his Excellency 
General Washington, for detaching six or eight hundred 
men to advance near the enemy, view their situation, give 
him frequent intelligence, and in case they retired to attack 
them ; for which purpose, as the two brigades of Scott and 
Varnum's consisted of about six hundred, orders were sent 
to Colonel Grayson, as the commanding officer of the two 
brigades, to hold himself in readiness to march at the 
shortest notice. At about six o'clock they began their 
march from English-Town towards Monmouth Court-house, 
having been detained for want of guides. At about this 
time General Lee sent me with orders to the several detach- 
ments and Maxwell's brigade, to prepare for marching 
immediately, leaving their packs behind under proper guard 
At about seven they followed the two brigades just men- 
tioned in the following order — to wit, Wayne's and Scott's 
detachments, Maxwell's brigade, and Jackson's corps. As 
soon as the whole were in motion, I immediately rode for- 



165 

ward towards Monmouth, and found General Lee at the 
Meeting-house of Freehold. Intelligence was now received 
by means of the militia, that the main body of the enemy 
moved from the Court-house at two o'clock, and that only a 
light party of infantry and cavalry remained to cover their 
retreat. General Lee now rode on to the height beyond that 
on which General Washington afterwards formed the main 
body of the army, where he found General Dickinson and a 
few militia, Colonel Oswald, with two pieces of artillery, 
and one battalion of Scott's brigade to cover them. Upon 
General Lee's mentioning to General Dickinson the intelli- 
gence he had received concerning the enemy's retreat, he 
discovered a considerable warmth, and insisted in the 
strongest terms that the main body of the enemy were still 
at the Court-house, and that the situation of the troops now 
on the ground was, by no means, secure, as there was but 
one avenue by which the troops could retire to the main 
body, or words to that effect. During the period of General 
Lee's staying on this height, intelligence of the most contra- 
dictory nature was momently brought him ; at one time the 
enemy will be turning our flanks ; at another pushing in 
front; and now precipitately retreating. This occasioned 
Varnum's brigade and part of Scott's to pass and repass the 
bridge in the rear of the height several times, as it was 
agreed on all hands that it was by no means warrantable to 
risk an action on this ground. During these marchings 
and counter-marchings, the Marquis de La Fayette, at the 
head of the main body of General Lee's troops, arrived. 
General Lee now said, he would pay no farther regard to 
intelligence, but would immediately march the whole of his 
command, and endeavor to find the enemy and know their 
situation himself; for this purpose Jackson's detachment 



166 

was ordered from the rear to join the advance corps, the 
command of which was, about this time, given to General 
Wayne. The column now began and continued its march 
for about a mile, till within view of Monmouth Court-house, 
at which place there was a halt for near an hour, in which 
interval General Lee reconuoitered the enemy, who put on 
the appearance of retiring from the Court-house, somewhat 
precipitately and in disorder. When they had retreated 
about a mile from the Court-house on the Middletown road, 
they halted and formed on high ground. General Lee ob- 
served, that if the body now in view were all, or near all 
that were left to cover the retreat of the enemy's main body, 
instead of pushing their rear and obliging them to retire to 
their main body, he would have the whole prisoners, to 
effect which, after having a road pointed out to him for that 
purpose, he marched his main body to gain the enemy's 
rear, leaving General Wayne, with two or three pieces of 
artillery and two or three battalions, to amuse the enemy 
in front, but not to push them lest his project should be 
frustrated. After having passed the woods and coming 
into the plain, about a mile below the Court-house, being at 
some little distance from the front, I observed the head of 
General Lee's column filing to the right towards the Court- 
house. The whole of the column that I perceived hept on 
in the same direction till the whole made a halt, which 
lasted about ten or fifteen minutes. A cannonade had now 
taken place between us and the enemy, who at this time 
appeared to be gaining the Court-house and our right ; at this 
time the column began its march, and I immediately rode to 
the left to sea what position the troops were in. When I 
came to the rear of the left of Scott's detachment, I per- 
ceived a very great interval between that and the front of 



167 



Maxwell's brigade, which at this time were halted in the 
wood. Upon General Maxwell seeing me, he asked me if I 
had any orders from General Lee. I told him I had not, 
but T wanted to know of him why he had made that halt. 
He said it was thought advisable for him to come out of the 
wood, as his men were under cover and out of the reach of 
tin' enemy's cannon. General Scott came up about this 
time, and observed that our troops were going off the 
field towards the Court-house. Upon General Scott's men- 
tioning this, and asking me whether it was the ease, I 
told him I knew nothing of it if it was so. Upon this 1 
left that ground and rode towards the causeway, just in 
the rear of which I observed Colonel Oswald with sonic 
artillery; during this time all the columns, except Maxwell's 
hrigade, were marching to the right. After having seen 
several battalions pass the ravine, I returned to the point 
of wood where General Maxwell was, and found General 
Scott and General Maxwell standing together. General 
Maxwell again asked me if I had any orders ; I told him I 
had not. General Scott says to me, the army is retreating. 
Upon which I addressed myself to General Maxwell, and 
begged leave to suggest to him, that if that was the ease, 1 
thought the point of woods a little in his front was a very 
advantageous situation for him to post his hrigade to cover 
the retreat. General Scott, who stood by, replied, that no 
time was to he lost, and in terms that rather more than im- 
plied advice, insisted that Maxwell's brigade should go to 
the right-about, and march off the ground, which, by Gene- 
ral Maxwell's order, accordingly was done. As soon as this 
was done, I rode to the point of woods where I advised 
Maxwell's brigade to be posted, and observed the most of 
our troops who filed to the right had passed the ravine, and 



168 

that the enemy were advancing. Upon observing the enemy 
and our troops about eight or ten minutes, I returned to 
the ground where the head of Maxwell's brigade had stood, 
but finding no troops in sight, I rode towards the ravine to 
find General Lee ; but, finding the enemy were pushing that 
way, thought best to return, and came round the ravine, 
partly in the route that General Maxwell had took, and 
found General Lee about a quarter of a mile on this side of 
the Court-house, coming off the ground with a number of 
columns of his troops. Upon riding up to the General, he 
says to me, you see our situation, but I am determined to 
make the best of a bad bargain. The troops, in a very 
easy, moderate and regular way, continued their march 
until they had passed the ravine in front of Carr's house, 
where they were ordered to halt. After tarrying on that 
ground about one half an hour, I observed some of the bat- 
talions marching oft" the ground. Upon asking several offi- 
cers who appeared to command the battalions, why they lclt 
the ground, they said it was by General Lee's and the Mar- 
quis de La Fayette's order. About this time the enemy's 
cavalry made a very sudden and rapid charge upon some 
parties of our horse, who were reconnoitering the enemy in 
front. I tarried on that ground till the whole of our troops 
had left it. After which I rode to the height upon which 
the principal action afterwards took place, where I found 
General Lee and some artillery, Varnum's brigade, Living- 
ston's, mid several other battalions. L>pon asking General 
Lee his intention, he desired me to form those troops (point- 
ing to Varnum's brigade) as quick as possible After having 
gone through the line, I observed General Washington ris- 
ing the height, and General Lee riding to meet him. Just 
as they had met I came up with General Lee. General 



169 

Washington asked General Lee what the meaning of all 
this was: General Lee answered, the contradictory intelli- 
gence, and his orders not being obeyed, was the reason of 
his finding them in that situation. His Excellency showing 
considerable warmth, said, he was very sorry that General 
Lee undertook the command unless he meant to fight the 
enemy, or words to that effect. General Lee observed that 
it was his private opinion that it was not for the interest of 
the army, or America, I can't say which, to have a general 
action brought on, but notwithstanding was willing to obey 
his orders at all times, but in the situation he had been, he 
thought it by no means warrantable to bring on an action, 
or words to that effect. After this, General Washington 
left General Lee, was gone some considerable time, and 
returned. During General Washington's absence, General 
Lee observed some troops on the right in motion ; upon 
inquiring the reason, he was told by one of his aids, that it 
was done by General Washington's order. At this time, 
being asked whether some battalion should move from its 
present ground, General Lee replied, that he supposed 
General Washington meant he should have no further com- 
mand, and he could not say that he had a right to give any 
orders respecting the matter. Just after this, General 
Washington returned, and asked General Lee if he would 
command on that ground or not ; if he would, he would re- 
turn to the main body, and have them formed upon the 
next height. General Lee replied, that it was equal with 
him where he commanded. Upon this General Washington 
rode off the field ; General Lee rode to the right. I never 
saw him afterwards on the field but at a distance. The 
enemy at this time had advanced towards our right with 
their artillery, and a heavy cannonade between them and 



170 



our artillery had been commenced for some time, and our 
troops who were engaged in the woods were pushed out, the 
enemy being very close upon them. 

General Lee's question. — As you acted as Adjutant- 
General to my department, what number of men had I in 
the field that day under my command ! 

A. General Scott's detachment, when it left the main 
body, consisted of about fourteen hundred and forty ; Gen- 
eral Wayne's of one thousand, General Maxwell's brigade, as 
he told me, of nine hundred, Varnum's brigade of a little bet- 
ter than three hundred ; Colonel Olny, at the time, told 
me it was between three hundred and three hundred and 
fifty ; Scott's brigade was less than three hundred, Jack- 
son's detachment of two hundred. When you inarched 
from English-Town you ordered all the packs to be left, 
under the care of proper guards. After the troops had 
paraded to march at English-Town, I rode through the dif- 
ferent encampments and found the baggage very strongly 
guarded. Upon riding up to several and inquiring the 
reason of so many men being there, I was answered in 
general that they were men who were lame, sick, and those 
who were worn out with the march the day before, together 
with the guards who were left with the baggage. The 
idea that I then formed of those left on the ground was, 
that they were between four and five hundred in the whole. 

General Lee's question. — Did you advise General Scott 
and General .Maxwell to remain on the ground .' 

A. I observed to General Maxwell more than once, that 
the point of woods in his front was a very excellent post for 
him to take while the troops were passing that ravine, as 
the enemy would not push the rear of the troops who were 
passing it, while that ground was occupied by his brigade. 



171 

At the same time, upon the Captain of his artillery inquir- 
ing whether that ground was suitable for artillery, I observed 
to him that it would command the enemy partly in flank. I 
had no conversation with General Scott upon that subject. 

General Lee's question. — Did General Scott hear you 
address yourself to General Maxwell ? 

A. By what followed I then supposed he did. 

General Lee's question. — Do you know the ground which 
General Scott's troops occupied at the time you had this 
conversation with General Maxwell and General Scott? 

A. Four minutes before the conversation took place I 
knew the ground they occupied. 

General Lee's question. — Did you hear me express great 
indignation at General Scott's quitting his ground ? 
A. 1 did repeatedly. 

General Lee's question. — Did I not give you every reason, 
from what I said and from what I did, to think that the first 
retreat was against my inclination and without my orders? 

A. Upon my first coming up with you, some distance this 
side of the Court-house, after the retreat began, you in- 
formed me that several battalions had retired without your 
knowledge, and contrary to your orders; but observed, 
although it was extremely unsoldierly, yet you believed it 
to be a very happy thing for the army, as the enemy were 
so much superior both in infantry and cavalry, in cavalry 
especially; for had that not been the case, that whole de- 
tachment at least must have been sacrificed, or words to 
that effect. 

The Court adjourns till to-morrow, at nine o'clock. 
22 



172 

JULY 24th. 
The Court met according to adjournment. 

General Lee's question to Lieutenant-Colonel Brooks. — 
Did you see General Scott, and at what point of time, at the 
point of wood to which the head of the column had been 
marched ? 

A. I saw him and part of his troops in the wood The 
head of the column at this time had arrived nearly in front 
of the orchard where Colonel Oswald afterwards took his 
post. When I first came into the open ground I rode up to 
the point of woods to take a view of the enemy : after tar- 
rying there a few minutes, T returned and rode to the right 
of the column as far as Varnum's brigade ; after tarrying 
there a few minutes and returning, I found the whole of, as 
I supposed, General Scott's detachment in the plain field to 
the right of the wood ; his right battalion near the ravine and 
his left near the woods. 1 never saw him in the woods after that. 

General Lee's question. — How long a time was it after 
you left the spot where General Scott and General Maxwell 
stood, before you returned to it again ? 

A. I think it was not more than eight or ten minutes. 

General Lee's question. — Do you think that spot was 
evacuated before the troops on the right made any retro- 
grade manoeuvre ? 

A. When I returned the second time from the right to 
General Maxwell's brigade, the idea I formed in my own 
mind, from what 1 saw of the troops on the right, was, that 
their point of view to which they were marching was rather 
in front of the village. When I saw Maxwell's brigade 
forming a disposition to retire, it was the first time that I 
had any thoughts of the troops leaving the ground. From 
what I observed, the retreat began upon the left. 



173 

General Lee's question.— When I rode to the right, had 
you a horse to accompany me ? 

A. I had not, and gave up every idea of keeping with 

you. 

General Lee's question. — Where and on what business do 
you think I went about when I quitted you? 

A. You went to the right towards where our troops 
were, as I supposed, to see that they were properly dis- 
posed of. 

General Lee's question.— Did you, through the whole 
process of the day, upon any occasion, observe that I was 
the least disconcerted or discomposed ; and did I not ap- 
pear to you as thoroughly possessed of myself as in common 
ordinary conversation ? 

A. You appeared, through the whole course of the day, 
to be as cool and deliberate, and thoroughly to possess your- 
self, as I can have any idea of. 

Q. When General Scott observed that our troops were 
going off the field towards the Court-house, did you observe 
any of our troops in motion at that time ? 

A. When I came from the right the line was halted. I 
could not see our troops when General Scott made that ob- 
servation to me. 

Q. How long was it after you left General Scott before 
you saw our column marching to the right? 
A. Not more than six or eight minutes. 
Q. After that observation of General Scott, that the troops 
were going off, did you see General Scott's troops ? 
A. I did. 

Q. Did you see them in motion after that ? 
A. When I returned from the right the second time, and 
came, as I observed yesterday, to the ground between Gen- 



174 



oral Scott's detachment and General Maxwell's brigade, the 
conversation ensued which I mentioned yesterday, concern- 
ing General Maxwell's going off the ground. As soon as 
General Maxwell's brigade went to the right-about, I went 
to the pointof wood, and, looking to the right, observed Scott's 
detachment, or troops that 1 supposed to be his, going off 
the ground obliquely to the rear. 

Q. Did you observe any other troops in motion at that 
time? 

A. I did not. The cannonade was still continued. The 
troops on the right might have begun their retreat, hut I 
did not observe it. 

Q. Were you in such a situation that you could have ob- 
served them had they begun their retreat? 

A. I was. 

Q. Were the troops on the right ordered to retreat in 
consecruence of General Scott's detachment and General 
Maxwell's brigade moving oil' to the left ! 

A. I know nothing but what General Lee told me, that 
they retired without his orders, which obliged him to leave 
the ground. 

Question b} ? the Court. — From the observations you made, 
which wing did the enemy press hardest upon, the right or 
left? 

A. They appeared to be endeavoring to gain the right. I 
did not see that any were pressed upon hard. 

Question by the Court. — Was any person sent to halt the 
retiring troops upon the left, that you knew \ 

A. Not to my knowled 

Question by the Court. — Did General Lee communicate to 
you his plan of cutting off that body of the enemy in the 
rear ? 



175 

A. He communicated to me no other plan than marching 
his main hody into the supposed interval between the main 
body of the enemy and their covering party. 

Question by the Court. — Had General Scott or General 
Maxwell any particular orders from General Lee respecting 
his plan, to your knowledge? 

A. They were ordered to march on in the column in 
their proper places. I do not know of any other orders 
beino- given. I informed the commanding officers of most 
of the regiments of General Lee's intention ; that the enemy 
were on our right, and that General Lee expected to sur- 
round and take their rear guard. 

Question by the Court,— When you speak of troops going 
from the right towards the Court-house, what corps were 

they ? 

A. Arnum's brigade, and General Wayne's detachment 
that he commanded when he left Cranberry. 

Question by the Court.— Did General Scott's troops pass 
the causeway in their retreat? 

A. Some of them might. I could not see the whole on 
account of a very heavy dust; but by the appearance 1 
supposed they passed the ravine on the left of the cause- 
way. 

Question by the Court.— How long was it after they 
passed, that you were going to pass the ravine, thought it 
not safe, and went round '. 

A. It was about five or six minutes. I was about ten at 
the point of woods, and they passed while I was there. 

Question by the Court.— When you saw the troops upon 
the right going to the right towards the Court-In. use, if a 
retrograde manoeuvre had becu then determined upon, 



176 



would it not have been as well effected by the way of the 
Court-house as any other way 1 

A. I think it would not. 

General Lee"s question. — In the situation the enemy were 
then in, in going towards the Court-house, did we not go 
nearer to them rather than farther off? 

A. It was; as both, I supposed, were aiming at the 
village. 

General Lee's question. — When I communicated my in- 
tention of cutting off the enemy's rear, did you not under- 
stand 1 intended to take the command in person of the 
column General Scott was at the head of, and not leave it to 
him ! 

A. You observed to me, about the time you communi- 
cated to me your intention, that the column that went to 
the left you should command in person. A little before 
this you observed that von did not know but some of the 
general officers might take umbrage at their disposition, 
not having their places according to their rank; but, as you 
meant to command the main body in person, thought they 
could make no difficulty or have no objection. 

General Lee's question. — In our situation, was it possible 
that any general could, without seeing more of the enemy, 
form a precise plan ? 

A. It was impossible, on the ground that you were on 
when you recomioitered the enemy, to see the rear of the 
enemy's let or the road that led to their rear, so that a 
precise plan could not lie formed. As you marched at 
the head of the column yourself, 1 took it for granted 
that yon meant to make your dispositions as you found the 
enemy. 

General Lee's question. — When I left the column did 



177 



you not understand I went to the right to reconnoitre the 



enemy 9 



A. I saw you in front reconnoitering, and expected you 
back to that point of woods again. 

Question by the Court.— After the first retreat did the 
troops form again ? 

A. After the troops had retired down to a fence near 
Carr's house, they were ordered to halt, After they had 
halted a few minutes I observed some troops on the right of 
the house, which I took to be Vamum's brigade, forming in 
an orchard. Soon after the enemy's cavalry made a charge 
and came near that house, at which time I saw some troops, 
who they were I can't say, form the line and advance up to 
the fence. 

Question by the Court —Was Maxwell's brigade or Scott's 
detachment there ? 

A. Neither of them, to my knowledge. 

Question by the Court,— How long were the troops formed 
between the end of the first retreat and beginning of the 



secon 



d* 



A. I cannot precisely determine, but I should judge about 
an hour. 

Question by the Court.— Who gave the orders for the 
second retreat ? 

A. I never heard any orders given for it. 

Question by the Court,— What troops began the second 

retreat? 

A. As I was advanced of Carr's house during almost the 
whole time of that halt, I could not determine; but the 
first that I saw, was Colonel Stewart's regiment, with the 
Marquis de La Fayette at the head of it. I supposed by 



178 

appearances, that several battalions had moved off before 
them. 

Question by the Court. — After General Lee informed you 
of his intention to command the left of the army in person, 
did he join those troops? 

A. Yes, immediately. 

Q. When you saw General Scott's detachment going off 
the ground obliquely to the rear, did you see the enemy at 
that time ? 

A. Yes. 

Q. Had their front entered the village at Monmouth 
Court-house ? 

A. I think it had not. 

Q. Were they marching towards the Court-house ? 

A. They were not steady in their march, sometimes would 
move, and sometimes halted. 

Question by the Court. — How great a number of the 
enemy did you see when our troops began to retreat 1 

A. I don't remember through the whole course of the 
day to have attempted to have made an estimate of their 
number. From General Dickinson's intelligence, and on 
seeing from the point of woods, instead of a light party, as 
was represented by the militia and others who brought in- 
telligence, a heavy column moving towards the Court-house, 
or to our right, the idea at once struck me that their manoeu- 
vre for retiring from the Court-house in the manner they 
did, was a mere finesse, and that their whole army was then 
on the ground. 

Q. Did the troops retreat in order or disorder, and in 
what particular manner ? 

A. The retreat from the Court-house to Cut's house was 
performed, as far as I saw it, with great deliberation and in 



179 

good order ; they retired in general, I believe, in columns, 
by battalions, some by brigade. From Carr's house I did 
not see tbem so particularly, until they got on the other bill, 
being in the rear of them. 

Brigadier-General Knox being sworn, says : 

The first I saw of General Lee was near Monmouth Court- 
house, to which place I was sent by his Excellency General 
Washington, for a particular purpose. The troops of Gen- 
eral Lee were then marching by their right in platoons of 
sub-divisions, and appeared to be gaining the Court-house ; 
the enemy were at some distance, and appeared to be ex- 
tending their front; the enemy were firing from some pieces 
of cannon, which was returned by some pieces under the 
direction of Lieutenant-Colonel Oswald. I had a short con- 
versation with General Lee, and mentioned to him a morass 
which lay directly in his rear. He replied, that he was not 
sufficiently informed of the ground before that he came on 
it, and, that the morass was a disagreeable circumstance, 
but that he would endeavor to make the best of it ; I left 
him at this time, and returned to his Excellency General 
Washington. I saw General Lee a second time, about a 
mile and a half in the rear of the Court-house, on this side 
of the ravine, opposite to which the British troops had re- 
treated and took post in the evening. His Excellency Gen- 
eral Washington and ho were together ; his Excellency 
expressed much displeasure to General Lee at the situation 
of affairs, and though I cannot ascertain the precise words, 
the sentiment was, that cither lie or General Lee must take 
the command of these troops, speaking of the troops that 
were present, and that it must be in an instant determina- 
tion ; if you will take the command, continued his Excel- 

23 



180 

lency, I will go into the rear and form the army ; General 
Lee replied, I will do everything in my power, and your 
Excellency may rely upon it that T myself will be one of the 
last men off the field. His Excellency directed me to have 
some cannon brought up and played upon the enemy, who 
were then cannonading from the opposite road, and directed 
me to stay with them, and then galloped elf to the rear. I 
asked General Lee why the troops retreated from the Court- 
house ; he answered that he could not tell, for he never saw 
such disorder, for every one tick u] on himself to give orders 
without his knowledge. Some of the cannon which had been 
out with the detachment were then on the field. I ordered 
my Brigade-Major, Mr.Shaw, to bring them up to a particu- 
lar advantageous piece of ground. General Lee, in very 
forcible terms, pressed me to hasten them, and added that 
the place was very favorable. In two or three minutes, 
Lieutenant-Colonel Oswald, with Captain Stewart's and 
Captain Cook's companies, with four pieces of artillery, 
were placed and began to fire on the enemy, and continued 
to do so, until the troops placed in the woods on the left 
were driven from it. We had no troops on the right as a 
covering party. I applied to General Lee in strong terms 
for a party on the right: he said he was very sensible of the 
propriety of the measure, and desired me to take the first 
troops I could get to place there. I asked permission to 
place Colonel Jackson's detachment there: he said it would 
be very agreeable to him, and he wished that I would: but 
before it could lie effected we were obliged to retreat, by 
reason of the wood being carried on our left, and the enemy's 
horse crossing the ravine and marching to our right. The 
field pieces were repeatedly unlimbered and fired on the 
enemy, who advanced on our front in a scattered manner. 



181 

Major Shaw, not readily finding Colonel Jackson's detach- 
ment, desired Lieutenant-Colonel Olny to take post at a 
hedge fence in front of a bridge over which we retreated. 
At this time, the enemy's light-horse were making a raj. id 
movement upon our right, and we had retired with the 
pieces in the rear of the hedge fence, where General Lee 
desired me to have the artillery nnlimhered, and observed 
at the same time, that a particular knoll to which I was di- 
recting them, was formed by nature for that purpose. After 
a few cannon shot being fired at this place, the party posted 
at the hedge-row under Colonel Olny were attacked in 
front, and from a wood on the left, and the movements of 
the enemy's horse on our right obliged us to retire over the 
bridge in front of the grounds where Lord Stirling, with 
the left wing of the army, took post. After this I did not 
see General Lee. 

General Lee's question. — Do you recollect when I com- 
plained to you of every body's giving orders, that I com- 
plained to you of some officers disobeying-my orders ? 
A. I do not recollect the circumstances. 
General Lee's question.— Did I observe to you how un- 
lucky the eminences were situated through the country ; 
that those near the enemy regularly commanded those 
near us ? 

A. I recollect the circumstance. 

General Lee's question. — Do you recollect the two regi- 
ments that were placed in front of the cannon, being so ex- 
cessively fatigued that they had not the power of removing 
either to the right or to the left, to give the cannon a free 
passage to fire upon the enemy ? 

A. I recollect Colonel Livingston's regiment being in that 

case. 



182 

General Lee's question. — Did you think whenever you 
saw me, that I was perfectly master of myself, and not in 
the least discomposed? 

A. I thought you perfectly master of yourself; the cir- 
cumstance of pointing out the knoll, I thought a very good 
proof of it, though not the only one. 

Brigade-Major Shaw being sworn, says: 

I was with General Knox at the time he was ordered by 
his Excellency with Colonel Hamilton down to Monmouth. 
When we came withiu about three-quarters of a mile of the 
Court-house, at which time there was a cannonade between 
the enemy and us, I was directed by General Knox and 
Colonel Hamilton, to ride down a road upon our right hand, 
where there was a thick wood, to see if any of the enemy 
had passed that way. When I returned, our advanced corps 
were then moving off; the first I saw of General Lee was 
near the wheat field, at which time General Maxwell was 
with him; I then left General Lee. The next 1 saw of 
General Lee was upon a piece of ground, a little in front of 
the hedge fence where Colonel Olny was afterwards 
brought up to support some artillery ; upon General Knox's 
observing that it was a suitable place for artillery, and hav- 
ing General Lee's concurrence, I was ordered by General 
Knox to desire Colonel Jackson, if I could readily find him, 
to come with his detachment and support the four pieces of 
artillery under Colonel Oswald ; not readily finding Colonel 
Jackson, I applied to Colonel Olny. who was leading Gene- 
ral Varnum's brigade, and desired him to form along the 
fence to support the artillery, which he did. Nearly about 
that time, his Excellency came down and addressed himself 
to General Lee, saying, as near as I can recollect, that we 



is:; 



must determine immediately, whether yon or I shall com- 
mand the troops here; if you will command them I will 
ride and form tjie armj in the rear. General Lee's answer 
was, I will do everything in my power, and shall be one oi 
the lasl off the field myself, When I carried General 

Knox's orders to Colonel Oswald to r< »ve to a piece of 

ground pointed ou1 by General Lee and himself, he hesi- 
tated al obeying it, and said, thai he had received bo many 
different kinds of orders, thai be did nol know which to fol- 
low; I told him thai be knew me and those by whom I was 
sent, and that he would be answerable if he did nol obey 
the order. 

The Courl adjourns till to-morrow, al nine o'clock. 

JULY 25th. 
The Courl met according to adjournment. 

Captain Stewart, of the artillery, being sworn, says: 

I think, as near as I can recollect, on the 28th of June, 
I was on command with the Marquis de La Fayette. On 
the road to the lefl of Monmouth Court-house, about a mile, 
and aboul half after ten o'clock in the day, I heard the dis- 
charges of Several pieces of Cannon and some musketry in 
trout: I immediately nnlimbered my pieces, and on thai 
the enemy were makinga charge with their cavalry ; General 
Lee came up ami ordered me to limber, and be ready to 
march on immediately towards the enemy, towards .Mon- 
mouth Court-house; al the same time General Varnum's 
brigade, and the Marquis's detachment, obliqued to the right, 
leaving General Scott's brigade and Colonel Jackson's corps 
on our Left. 1 received orders from Major Shaw to pass 



184 



the morass in our rear, and to take post behind; there I un- 
limbered and kept a heavy fire of cannon on the enemy, the 
troops retreating under the fire of the cannon over the 
morass. The enemy then appearing in great force in our 
front, I fired fifty odd shot, and received orders from Lieu- 
tenant-Colonel Oswald to cover the retreat of Captain Cook's 
two pieces, and go on to another piece of ground in our 
rear; there I fired about forty shot, when the Marquis or- 
dered me to retreat, and General Lee came and ordered me 
still to keep up the fire, as it was of service : at the same 
time I had a party of troops on my left to line the edge of 
the wood to cover my pieces. The wood was on the left of 
the hedge-row, and a small party of horse on my right ; 
there T eontinued until I received orders from General Knox 
to go off the field. 

Genera] Lee's question. — Was not the greatest attention 
paid, in the course of the day, to the covering and support- 
ing of the artillery in the different points of action .' 

A. Yes, both in advancing and retreating, and done in 
great order. 

General Lee's question. — What time of the day was it you 
were ordered off the field ? 

A. As near as I can recollect, it was near upon three 
o'clock. 

Q. What number of the enemy appeared ? 

A. From eight hundred to one thousand cavalry, and 
from six to eight thousand infantry, and ten pieces of can- 
non. 

General Lee's question. — Did you observe the size of the 
enemy's cannon .' 

A. One twelve-pounder and the rest sixes. 



185 

Captain Edwards, Aid-de-Camp to Major-General Lee, 
being sworn, says : 

On the morning of the 28th of June, I think between one 
and two o'clock, a letter was put into my hand by Mr. Duns- 
comb, officer of General Lee's guard, from Colonel Hamilton 
to General Lee, agreeable to the contents of which, General 
Lee desired me to write to General Dickinson, Colonel Mor- 
gan, and Colonel Grayson ; the purport of the letter I wrote 
to General Dickinson was, to select out about eight hundred 
of his best men, and to detach them as near the enemy's 
rear as he could. These troops were to act as a corps of 
observation, and to forward the earliest intelligence to 
General Lee respecting the enemy ; the purport of what I 
wrote to Colonel Morgan, I think, was for him to advance 
with the troops under his command near the enemy, and to 
attack them on their first movement : it was left to his dis- 
cretion how to act, only that he should take care and not 
expose his troops so much as to disable him from acting in 
conjunction with General Lee, if there was a necessity for it. 
The letter to Colonel Grayson was, that he should get the 
brigade under his command in immediate readiness to march, 
and to send word when they were ready. In the morning, 
I think about daylight, Colonel Grayson appeared with his 
men at English-Town, and applied to General Lee for proper 
guides; General Lee sent me to procure some for him, but 
the guides who were ordered to remain with us were not to 
be found. I went through the town to procure others, that 
he might get off as soon as possible. Colonel Grayson ob- 
served, that it was a matter of consequence, and that he did 
not choose to move with any guides but those who are known. 
General Foreman came to General Lee's quarters, and said 
he would procure guides, which I supposed he did, as Colo- 



186 

ne) Grayson soon marched off. Colonel Grayson's orders, 
I believe, then were to march on about two or three miles, 
and then halt. General Lee, from some intelligence, which 
I supposed he had received, sent me forward to order Colo- 
nel Grayson to push on as fast as possible and attack the 
enemy. Before I got up with Colonel Grayson, I met with 
one of General Dickinson's Aid-de-Camps, who informed 
me the main body of the enemy was near Monmouth Court- 
house, and he beliaved they were marching to attack us : he 
told me he was going with this information to General 
Washington ; I told him he would meet General Lee upon 
the road, and he had better tell him of it also. I then pro- 
ceeded on and overtook Colonel Grayson, who had at that 
time passed the Meeting-house ; I told him of the orders 
that I had from General Lee, but that I supposed General 
Lee was ignorant of the present situation of the enemy, and 
that I fancied he had better not move on. Colonel Grayson 
went with me to General Dickinson, who was just ahead, 
advanced over a causeway. General Dickinson asked me 
where General Lee was; I informed him, coming on just 
behind; he told me we might rely upon it that the enemy 
had not moved, but were drawn up this side of the Court- 
house. I told him I would go back and inform General Lee 
of it myself. He called me back, and begged I would tell 
General Lee to post a brigade on the road which led to 
Craig's mill, for he was very apprehensive the British 
troops would send off a large column down that road, and 
another upon his left, and cut him off. He asked me if I 
perfectly understood him; I informed him I did, and went 
and informed General Lee of it. I rode back and told 
Colonel Durgee to take the best position he could, until he 
had further orders. I met General Lee and delivered him 



187 

the message from General Dickinson. He sent Mr. Mercer 
to order General Maxwell's brigade upon that road, but ob- 
serving two militia regiments, he told me to ride on and to 
post them upon a high hill that was on the road leading to 
Craig's mill. General Lee then proceeded on to General 
Dickinson, who gave him the same information he gave me. 
There were a number of militia officers there, who went out 
reconnoitering, some of whom brought intelligence the enemy 
had moved off, and it was only a covering party that re- 
mained General Lee then sent me to order Colonel Dur- 
gee's brigade to advance over the causeway, which they did, 
with the artillery. Then, upon other gentlemen's riding up, 
and positively asserting the enemy's main force was still 
there, and was filing off in columns to the right and left, 
Colonel Durgee's brigade was ordered back again to take 
post upon the same hill. About this time much intelligence 
was brought by people riding backwards and forwards, 
equally contradictory, and equally apparently authentic. 
General Lee then said he would not believe anything he 
heard, but would advance forward with the troops himself 
and know their situation, which he did through a wood upon 
the left. Some time before we got to the Court-house, the 
detachment with Colonel Butler marched in line of battle 
through the wood, but upon General Lee being informed 
that there was a large morass a head, and they could not 
march in that manner, he ordered them to advance in column 
from the centre. Just before they arrived opposite to the 
Court-house they were ordered to halt, and General Lee 
went out upon the right with General Wayne to reconnoitre 
their situation, where a party of horse and some infantry 
presented themselves to view near the Court-house. A few 

men were picked out to keep up a scattering fire upon them. 

24 



188 

General Lee desired me to take two light-horsemen, and go 
to a road that led to the left of the Court-house, and endea- 
vor to get in the rear of it, to discover, as near as I possibly 
could, their numbers. I went, and got into the rear, and saw 
about five or six hundred filing off from the Court-house, 
and, I thought, precipitately retreating. I rode back to 
General Lee, and observed to him what I have related. He 
asked me if artillery could go up that road ; I told him they 
could; he told me to take Colonel Durgee's brigade, with 
two pieces of artillery, and pilot them up that road, and get 
on their flanks and attack them. I led the brigade up the 
road that I had been ; I then discovered the troops under 
General Wayne's command on the right advanced. I told 
Colonel Durgee that I had led him as far the road as I 
knew anything about, and consequently I had nothing more 
to do with him ; that I would ride forward to the troops I 
saw advanced on the right to find General Lee. I rode on 
to where General Wayne was drawn up ; I saw the enemy 
paraded just in the edge of the wood in front, upon an emi- 
nence with their dragoons. There were a few of our light- 
horsemen, who were advanced upon the right, at a very 
considerabe distance. I saw the British dragoons parading, 
as I thought, to make a charge upon our dragoons. I rode up 
to the dragoons, and desired them to let the British horse 
come as near as they could, with safety, and then retreat off 
towards where General Wayne was, and let him receive 
them. The British horse pursued until they came near 
General Wayne, when, upon receiving a fire from our 
troops, they wheeled off to join their main body. Gen- 
eral Wayne then advanced, encouraging his men to ad- 
vance on and charge the enemy with bayonets. I rode 
back to General Lee, who sent me forward to General 



189 



Wayne again, with orders that he should make a feint or 
show of attack upon the enemy, for that General Lee had 
sent round a large column upon the left to surround and 
take them, if they should prove to be but a covering party, 
and that if General Wayne pushed on too precipitately it 
would subvert that plan and disappoint his intentions. 
These orders were delivered to me at that time, in such a 
particular manner that they indicated a certainty of success. 
I went and delivered them to General Wayne, and upon my 
return found General Lee advancing with Colonel Oswald 
towards the enemy with some artillery. A cannonade soon 
began ; after exchanging a few rounds, our artillery began 
to retreat ; General Lee observed it, immediately rode up, 
and asked the reason of it ; Colonel Oswald answered that 
all his round shot was expended, and that the wagon with 
the ammunition was the other side of the ravine, which he 
thought would not be safe to bring over. We then observed 
a column of the enemy moving to our right ; soiue gentle- 
men rode up to General Lee, and said the enemy were ad- 
vancing in a large column, as he supposed to gain our rear 
or the Court-house. Our troops then began their march 
towards the head of the column of the enemy, which was 
marching towards the Court-house. General Lee was at 
the head of our troops who were marching ; I rode up to 
him, and after going some little distance he told me he had 
sent Mr. Mercer back to tell General Scott to defend that 
ground that he was upon, but, that there might be no pos- 
sible mistake, he desired me also to ride back with the 
same orders; in riding back I met Mr. Mercer just at the 
edge of the wood ; I observed to him that I was going with 
orders to General Scott to defend that ground; he told me 
that General Scott had moved off; I asked him what we 



190 



should do then, for it was General Lee's particular orders 
that that place should he defended ; Mr. Mercer made 
answer so it was, and he could not help it. In riding back 
to General Lee we saw some troops in the wood upon the 
left retiring, which Mr. Mercer observed he supposed were 
General Scott's. At this time I had not the least idea of 
our troops retreating, but that they were inclining obliquely 
towards the head of the enemy. We rude on till we came 
up with General Lee, and told him that the troops upon the 
left were gone ; General Lee would scarcely believe it, and 
expressed in strong terms his disapprobation of it. A little 
after this our troops began to retire, by whose order I don't 
know. After retiring some distance General Lee ordered 
me to have some artillery drawn up on an eminence, some 
considerable distance in front of Can's house, and ordered 
me to fix some troops on the left of the artillery in a wood 
to support it. I ordered Colonel Stewart with the troops 
that he was at the head of, to take post in that wood for the 
support of that artillery. General Lee likewise ordered me 
to have some troops posted in a little point of brushwood, a 
little in the rear upon the right of where the artillery were 
drawn up. I ordered Lieutenant-Colonel Parke with the 
troops that he was at the head of, to take post in thatwood ; 
the reason I gave him for it was, that if the enemy ex- 
tended their left, it would be a support to that artillery in 
his front. I think it was a little after this that General Lee 
rode up to Mr. Wikoff, and asked him, as he knew the 
country, where would be the best ground for him to make a 
disposition with his troops, that he might prevent the enemy 
from out-flanking of them witli their cavalry. Mr. Wikoff 
pointed back to that hill, where our army was drawn up on 
when we arrived at it, and said that it was the best ground 



191 



he knew of. The troops under General Lee continued their 
march, as I supposed, to avail themselves of that ground. 
Some distance forwaid, some artillery being drawn up on a 
hill, General Knox applied to General Lee for some infantry 
to support it ; General Lee ordered me to bring that regi- 
ment, pointing to Colonel Livingston's, and ordered them 
upon the right to support that artillery. Colonel Livingston 
made answer, that his troops were excessively fatigued, but 
that he would obey. On Colonel Livingston's coming up, 
he got in front of the artillery; a column of the enemy at 
that time presented themselves very fair ; General Lee 
ordered the troops to open to the right and left, to give the 
artillery an opportunity of playing on the enemy. There 
were some troops coming out of the wood upon the left of 
the artillery, in front of it, at the head of whom was Lieu- 
tenant-Colonel William Smith. General Lee ordered me 
immediately to order him to go back and to defend that 
piece of wood for the support of the artillery. I went and 
delivered Lieutenant-Colonel "William Smith the order. 
General Lee then gave orders to have General Varnum's 
brigade drawn up in our rear, behind a fence, to cover the 
retreat of the artillery, and the troops advanced with them. 
We then rode on and met General Washington. 

General Lee's question. — Was I not, in the whole course 
of the day, calm and composed, and thoroughly master of 
myself? 

A. I did not observe the least embarrassment in you, 
but much the reverse, as every order you delivered me was 
delivered with the same coolness as in common when out of 
the field. 

Question by the Court. — What number of the enemy ap- 
peared that day, in your opinion ? 



192 

A. I did not that day attempt to make any computation 
of the enemy, except the time I was sent to reconnoitre 
them back of Monmouth Court-house. I saw columns ap- 
pearing in sight, but as I could not see the rear of them I 
could form no manner of judgment, but I had not a doubt 
then but that their chief force was there. 

Question by the Court. — What number of the enemy do 
yon now suppose you saw that day .' 

A. Two thousand might have appeared in my sight, but I 
did not see their rear. 

Question by the Court. — Did you know or understand 
by whose orders, or by what means, the troops on the right 
in the first instance retreated ? 

A. I had not a doubt but it was on account of General 
Scott's retreat upon the left, as General Lee expressed so 
much uneasiness at that post being left, but I do not know 
by whose orders. 

Q. How long a time after our troops first inclined to the 
right was it that you met Major Mercer, who informed you 
that General Scott's troops had left their ground ? 

A. I cannot now justly ascertain what length of time it 
was, but it might be fifteen or twenty minutes. 

Q. Were any orders sent to halt the troops that were re- 
treating after they began to retreat .' 

A. Frequent orders were given to different parts of the 
troops on the right to halt at different times to support the 
artillery. I heard General Lee likewise give orders to 
General Maxwell's brigade to take post in the wood over a 
morass some distance in front of where General Washing- 
ton's position was. 

Q. When you iuformed General Lee that General Scott's 



193 

detachment was gone off from the post they occupied, did 
he send you to discover where that detachment was ? 

A. No. 

Q. When you were sent with orders from General Lee to 
General Scott, did you go to the ground that detachment 
occupied ? 

A. I did not, for the reasons given in the body of my 
evidence. 

Q. Did you see General Scott's detachment afterwards 
that day on the retreat? 

A. I did not, to know them. 

Question by the Court. — At that time Mr. Wikoff pointed 
to the ground you have mentioned, were you then in sight 
of it ? 

A. I think we were, but am not certain. 

Question by the Court. — Di t he describe it in such a 
manner that you knew it to be the identical ground ? 

A. I particularly recollect that he did. 

The Court adjourns till Monday next, at nine o'clock. 

JULY 27th. 
The Court met according to adjournment. 

General Lee's question to Captain Edwards. — Do you re- 
collect when I came up to General Dickinson what intelli- 
gence I received with respect to the ravine then in our rear, 
and of the nature of the country ? 

A. Upon your making inquiry respecting the country, 
you were informed by General Dickinson, or some of the 
gentlemen with him, that that ravine was not passable for 
troops and artillery in any other place but at that bridge. 



194 

General Lee's question. — Do you think I paid proper 
attention from the first retrograde manoeuvre through the 
intermediate space until I fell in with General Washington ; 
and in what manner do you think it was executed ? 

A. You, as I have already mentioned, gave me and others 
frequent orders relative to the retreat, in posting troops for 
the security of the artillery. The troops marched in great 
order, and took their post regularly, except some at the 
latter part of the time, which were broke by a charge from 
the enemy, and which you yourself, in my presence, rode up 
and ordered to form again. The answer from the command- 
ing officer of the troops was, that he could not form the 
men there, on account of a ravine or hollow, but would as 
soon as ever they got on plain ground. 

The Court adjours till to-morrow, at nine o'clock. 

JULY 28th. 

The President being indisposed, the Members adjourn 
till to-morrow, at nine o'clock. 

JULY 29th. 

The Court met. 

The proceedings having been read by desire of Major- 
General Lee, he requests until Monday to prepare his 
defence. 

The Court do consent to General Lee's having till Mon- 
day to prepare his defence, and adjourn till Monday, at nine 
o'clock. 



195 

AUGUST 3d. 

Captain Steth being sworn : 

Q. Did you carry any orders from General Lee the 28th 
of June ? 
A. Yes. 

Q. "What orders did you carry ? 

A. The first order I remember to have carried from Gen- 
eral Lee was, to order a party of men that were coming 
across the plain towards the Court-house, to cross a little 
meadow and to take post on a small height on the other side 
on the left of the Court-house When we had retreated 
some distance, I carried another order from General Lee, 
which was for a party to take post in a piece of wood. The 
party was on the left, or rather in front, as we retired, and 
when I carried them orders, was in a field between the field 
of battle and the Court-house. 

Q. Did you carry any orders to the Marquis de La 
Fayette ? 

A. I carried no order to him that I recollect. 
Q. Were the troops, when they were coming across the 
plain, advancing to the enemy or retiring from them ? 

A. They were marching nearly parallel with the enemy 
towards the Court-house. 

Q. Was the height they were ordered to take post on, in 
the rear of the line the troops were marching on, or in front 
of it? 

A. It was rather in the rear of the line. 
Question by the Court. — Whom did you deliver the order 
to, you first carried ? 

A. To the commanding officer of the detachment, but I do 
not recollect his. name. 

25 



196 



Question by the Court. — Did the troops take post on the 
height agreeable to the orders you carried? 

A. I did not see them take post; I left them as soon as 
I had delivered the orders, and rode on after General Lee 
to the village. 

Question by the Court. — How long did you stay in the 
village with General Lee ? 

A. I do not believe I was there ten minutes. 

Question by the Court. — Where did you go to from the 
village ? 

A. I left the village with General Lee ; we went into 
the field, and from there to the field we met General Wash- 
ington. 

Question by the Court. — Were the troops retiring at the 
time you left the village ? 

A. I believe they were. There was a piece of artillery 
retreating, and General Lee went up and ordered the offi- 
cer to turn back towards the enemy. 

General Lee's question. — Did you conceive when I or- 
dered the troops to take post on the height, that it was with 
an intention to retreat, or to put them in a better position 1 

A. I conceived it was to put them iu a better position. 

General Lee's question. — Do you recollect my exclaim- 
ing against particular officers for evacuating posts they were 
ordered to? 

A. I heard you say once or twice that officers had left, 
their posts. I remember your mentioning General Scott 
particularly. 

General Lee's question. — When I ordered the officer back 
with the piece of artillery, when he was retreating, do you 
recollect whether he mentioned to me that he had orders to 
retreat ? 



197 



A. I do not recollect. 

General Lee's question.-In the course of the day did 1 
not appear possessed of myself, and not in the least dis- 

concerted? 

A. I saw nothing to the contrary. 

Major-General Lee not being prepared to make his de- 
fence, requests the Court will give him until Thursday 
next. 

The Court having considered the matter, consent to the 
General's having until Thursday next to prepare his de- 
fence, and adjourn till Thursday, at nine o'clock. 

AUGUST 6th. 
The Court met according to adjournment. 
General Lee not being fully prepared for his defence, the 
Court adjourn till Sunday next, at nine o'clock. 

AUGUST 9th. 
The Court met according to adjournment. 
Major-General Lee produces a deposition of Mr. Peter 
Wikoff, which, being admitted as evidence and read, is as 
follows : 

On my informing Major-General Lee that I was perfectly 
acquainted with that part of the country where the action 
happened on the 28th of June last, and if I could be of any 
service to my country or to him, I begged he would com- 
ma nd me to do anything he thought proper. He requested 
me to show him some place where he might order his troops, 



198 



to be secure against the attacks of the enemy. I pointed 
out a place in a wood southerly of the old house at which 
the enemy formed after they retreated from the field of 
action. General Lee said, "there was not time to take 
them there ; that the enemy were pressing too close upon 
us," and desired me to direct him to some other place ; I 
then showed him Comb's hill, where, I told him, he would 
have a morass on his front and left, and a wood on his rear ; 
that the enemy could not attack him there without apparent 
disadvantage to themselves, unless it was on his right, and 
to get there they must go three or four miles round; but if 
he wanted to carry his field pieces and ammunition wagons 
with him, it would be necessary to lay a causeway over that 
morass, for it was very miry, and no carriages could go over 
it except that was first done, and that I thought it might be 
effected in a few minutes with rails, as there were fences all 
around. General Lee made answer, that if it was not 
already done, we had no time to do it in ; that there was no 
time to be lost, or words to that effect; and he then begged 
me to conduct his troops under cover of some wood, for he 
could not make them stand in a plain or open field so well 
as in the woods ; but, at the same time, said that he thought 
our men were equally brave with any men in the world. I 
then pointed out to him a wood and eminence adjoining, 
which General Lee approved of, and begged me to lead his 
troops on and show them the place, which I did. The emi- 
nence was the very piece of ground his Excellency General 
Washington afterwards formed his army on. But previous 
to General Lee's sending any troops to the last mentioned 
place, he threw a number of troops into a skirt of woods on 
the right of the enemy, and on the left, where Colonels 



199 



Stewart and Ramsay first formed their regiments, and where, 
as I believe, the first heavy firing of musketry began. 

Personally appeared before me, John Ord, Esq , one 
of the Justices, &e., Peter Wikoff, and upon his 
solemn oath on the Holy Evangelists of Almighty 
God, did depose and say, That the above is the 
purport of what passed between General Lee and 
this deponent, to the best of this deponent's knowl- 
edge. And further said not. 

PETER WIKOFF. 
Sworn before me the first day of | 
August, at Philadelphia, ) 

JOHN ORD. 

Major-General Lee proceeds to make his defence, which 
is as follows : 

Before I enter into a narration of what was performed or 
was not performed on the 28th of June, by the body of 
troops under my command, it is necessary to make as clear 
as possible to the Court, the nature and spirit of the orders 
I received from his Excellency, at least to explain my idea 
of them ; for it must appear, from the evMence of the differ- 
ent commentators on these orders, that they were by no 
means precise and positive, but in a great measure diseretioi- 
ary, at least I conceived them as such, and am inclined to 
think that the Court will consider them in the same light. The 
several councils of war, held both in Pennsylvania and on 
this side of the Delaware, on the subject of the operatii ns 
to be pursued in the Jerseys, reprobated the idea of risking 
a general engagement, as a measure highly absurd in the 
present, or rather then, circumstances of America, (for since 



200 



the time these councils were held, circumstances are much 
altered,) as the advantages to be gained by victory were 
not to be put in competition with the evils which might result 
from defeat; and, if I recollect right, the most sanguine of 
these councils only recommended to seek and seize some 
favorable opportunity of striking some important but partial 
blow. For instance, the cutting off their rear or covering 
party, or perhaps the demolition or surprise of their bag- 
gage : in short, some blow which might reflect an additional 
lustre to the arms of America without endangering her 
safety : for it is difficult to affix a precise idea to a partial 
but important blow, it is more easy to conceive than express 
the meaning ; but be this as it will, it certainly implies a 
very great degree of discretionary power to the executive 
officer. 

But, whatever may have been the good sense of these 
Councils, I shall readily allow that they ought to have little 
or no weight with an officer, if subsequent orders from the 
Commander-in-Chief, or even a hint communicated, had 
been of such a nature, as to give reason to think that the 
idea had been discarded, and that the General had adopted 
a plan repugnant to these Councils ; but I had not the least 
reason to think that he had discarded this idea. No letter I 
received, no conversation I ever held with him, indicated an 
intention or wish to court a general engagement; if he had, 
1 protest solemnly, that, whatever 1 might have thought of 
the wisdom of the plan, 1 should have turned my thoughts 
solely to the execution. It has been thrown out, and almost 
positively asserted, God knows for what purposes, by two 
gentlemen, that I had received the General's orders posi- 
tively to attack the enemy at all events, in whatever situa- 
tion and in whatever force I found them; of course, the 



201 



first halt I made, in consequence of the advice I received 
from General Dickinson of the whole force of the enemy 
being; ranged in battalia, was censurable. I must do his 
Excellency the justice to declare, that he never gave me, 
directly or indirectly, such orders — they would have been 
unworthy of a man many thousand degrees his inferior in 
understanding. 

Upon the whole, I am warranted to insist, that no letter, 
no conversation, gave me reason to think, that his Excel- 
lency had taken up a plan repugnant to the spirit of the 
Councils of War referred to ; and, if it was necessary or 
proper on this occasion, I think I could demonstrate from 
his Excellency's subsequent measures and conduct, and 
from the subsequent conversation he held with some very 
confideitial persons, that my idea was a just one. Under 
the influence of this idea, at least, I was determined to act, 
and the only posterior order I received in the course of the 
day of action, that through the channel Colonel Meade, 
which was verbal, not written, confirmed rather than altered 
my sentiments on the subject; it was, if I recollect myself 
right, couched in these precise words : " The General ex- 
pects you will find means of engaging the enemy, if no 
powerful consideration prevent you." These terms cer- 
tainly implied a degree of discretionary power. My answer 
was that of a willing and submissive officer — viz.: "That I 
would endeavor to answer his intentions ;" and every mea- 
sure I pursued demonstrates, from the various evidences 
delivered to the Court, that I absolutely and literally did 
obey his order, and to the utmost of my power endeavored 
to fulfil his expectations. 

It is unnecessary to trouble the Court with a repetition 
of the detail of what happened previous to the moment I 



202 



sat out; of Colonel Hamilton's letter, and of those I wrote 
to Colonels Grayson, Morgan, and General Dickinson, with 
their contents ; of Grayson's halt, and the reason of it. 
These circumstances have been sufficiently and clearly ex- 
plained already ; but there is one of those previous points 
I beg leave for a moment to dwell upon ; I mean the con- 
versation I held with the Major-General and Brigadiers 
(who were to act under my command) on the evening of the 
27th. An explanation on this head will save much trouble 
to the Court and myself, and prevent my breaking in on 
the thread of my narrative, which I wish to render as 
simple, concise and intelligible as possible. 

General Washington recommended to me a conference 
with those gentlemen, relative to any plan of operations I 
might choose to adopt, but as he only recommended the 
conference, I of course thought myself at full liberty on iliis 
head. I told the gentlemen, if I recollect right, that as the 
number arid situation of the enemy were mere conjecture, 
and the country was far from being reconnoitered, if a pre- 
cise plan was formed, the least trifling, unexpected circum- 
stance, must embarrass, distract, and lead us astray. I do 
not pretend to vouch that such was my explicit language, 
but I am sure they were and are my sentiments, and in 
consequence I confined myself to entreating them to be 
alert and avoid all disputes with respect to rank, as it possi- 
bly might happen in the occurrences of the day, that the 
eldest officer might be ordered to the left and the youngest 
to the right. And from the little practice I have had in 
war, and all the reading I am possessed of on the subject 
of war, I think myself justifiable in this opinion. Perhaps 
I am wrong, but as it is merely matter of opinion, I hope 
the common allowance- will be made for error To com- 



203 



pare things on a small scale with those on a great — that a 
general who commands a covering army, as Marshal Saxe 
did at Fontenoy, to receive an enemy who must attack him 
inevitably, or lose a most important place, should form a 
precise plan, is, I think, not only possible but appears easy. 
That to form a precise and certain plan for attacking the 
quarters of a beseiging army, as was done at Turin, is proper 
and possible, no man will dispute, and even to arrange a 
system for attacking an enemy on their march, as General 
Laudon did near Olmutz, if the country is perfectly recon- 
noitered, and the force, disposition, and situation of the ad- 
verse army accurately and determinately known, is likewise 
proved possible and wise; but if the country is un-recon- 
noitered, and the force, disposition, and situation of the 
enemy doubtful, I must profess that I cannot persuade my- 
self that a precise plan can be attended with any good con- 
sequences, but that it must distract, lead astray, and in effect 
be ruinous. All that an officer can do in these circumstances, 
(but what I offer is only a matter of opinion,) is to recommend 
it to those who serve under him, to be alert, vigilant and at- 
tentive ; that if they march in many columns the distances 
may be well observed, and to take care that the sections of 
those columns, or even of one column (if the country will 
not admit of any more) be kept distinct, so as to throw them- 
selves with the greatest facility into whatever form the cir- 
cumstances of affairs may require. These were and are my 
sentiments on this subject, and I think it will not appear that 
I had any reason to give them up on this particular occasion. 
That the country was un-reconnoitered, rind the force of 
the enemy unascertained, I think must sufficiently appear 
to the Court, from every evidence produced ; with respect 

to the ignorance of the former, we need only instance the 

26 



204 

utter silence of those who offered themselves as guides on 
the subject of the great ravine, which traversed the plain quite 
from the Court-house to the wood on our left, an ignorance of 
which might have proved fatal to an army in similar circum- 
stances. 

I sincerely beg pardon of the Court for this essay, which, 
on the first aspect, may appear somewhat prolix and imper- 
tinent; but, when they consider how frequently it has been 
asked, (and how great stress seems to be laid upon it,) 
whether I had planned any mode or arranged any system 
for attack, I flatter myself they will be rather pleased than 
displeased, that I have taken this general method of answer- 
ing the question. 

On the 28th of June I marched with the body of men 
under my command, amounting, as I then imagined, to 
4,100, although I have since discovered, that they were 
considerably less. I should not, perhaps, mention this cir- 
cumstance, if so much industrious pains had not been taken 
to prove them five thousand complete. The various delays, 
halts and embarrassments, occasioned by false alarms and 
contradictory intelligence in our march from English-Town 
to the eminence where we found General Dickinson with a 
small part of militia posted, have been already so minutely 
related to the Court, that I shall pass them over in silence ; 
let it suffice that I was teased, mortified and chagrined, par- 
ticularly as it occasioned distress to Colonel Durgee's corps, 
by little marches and counter-marches from one hill to 
another over the ravine, in front of which I found General 
Dickinson, and, as it gave an awkward appearance to our 
first manoeuvres; this gentleman, to whom I had been re- 
ferred for the most substantial intelligence, I accosted with 
some warmth, how, wherefore, and by what means, could 



205 



arise such distracted information. He replied with equal, 
if not greater warmth, that his advices were constant, con- 
sistent and simple, and that he was assured and would ad- 
here to his assertion, that the enemy, not a man of them, 
had stirred from their post at or near the Court-house, and 
that I should find it to be a fact if I moved from the spot 
we then stood on. On my seeming to doubt, and demand- 
ing from what authority he drew his information, he replied, 
as I think, with some heat, among others, from Baron 
Steuben's — Baron Steuben himself told me so — and, to the 
best of my remembrance, he added these words : " General 
Lee, you may believe or not, but if you march your party be- 
yond the ravine now in your rear, which had only one passage 
over it, you are in a perilous situation." Although I had 
great and just confidence in General Dickinson, the number 
of those who asserted the contrary — viz. : That the main 
body of the enemy had certainly inarched, and that those 
who remained at or near the Court-house, were only a com- 
mon covering party, had so much weight with me, that I 
determined to march on and ascertain with my own eyes, 
the number, order and disposition of the enemy, and con- 
duct myself accordingly. The Marquis of Fayette, being 
therefore come up, and having reconnoitered the wood, into 
which it had been reported a battalion or two of the enemy 
had thrown themselves, and satisfied myself of this report's 
being groundless, we proceeded on in the manner already 
related, to the Court-house. Through this intermediate 
space, nothing worthy of notice happened, unless I may ob- 
serve, that what Colonel Butler supposes, in an article of 
his evidence, is a mistake. He attributes my reducing the 
troops into a column from the centre, to my disapproving 
their marching in front, but my real and only reason was, 



200 



that I was apprized of a defile in our front, which rendered 
this alteration necessary. 

On our arrival at the point of woods opposite to the Court- 
house, I thought it expedient, from the appearance of the 
wood, and the circumstance of a cross road, to form in what 
is called a potence, for the security of the front and flank 
of our column, and then, with General Wayne and a few 
others, rode out of the wood to reconnoitre, enjoining the 
officers who remained, to keep themselves, their soldiers, 
and particularly the field pieces, as much concealed as pos- 
sible. The corps that presented themselves to our view, 
might have consisted of five or six hundred cavalry and 
light infantry, mixed in that sort of order in which these 
species of troops on similar occasions are generally disposed, 
that is, in open and sparse files ; but no satisfactory conclu- 
sions could be drawn from the appearance of this corps with 
respect to the forces that might or might not be in their 
rear ; however, I had little doubt but their principle was a 
retreat, and soon afterwards, from the intelligence that 
Captain Mercer obtained, I was induced to think, that 1500 
or 2000 constituted the force of this covering party, and I 
entertained hopes that there might probably be an interval 
between them and their main body, sufficient to afford me 
an opportunity of cutting them off; and even that, should it 
happen, we were deceived in their numbers and supposed 
interval, I flattered myself, that the nature of the country, 
(as far as I had a right to judge from its aspect,) would se- 
cure us from any material disgrace. In these hopes, and 
on this principle, I immediately planned and ordered the fol- 
lowing attacks: General Wayne, with 700 men and two 
pieces of artillery, to attack in rear; Colonel Durgee, with 
Varnum's brigade, to make the left flank attack, and Colonel 



207 



Morgan would, I concluded, conformable to the orders he 
had received, attack their right flank. 

The orders I sent to General Wayne were these : that he 
should, in his attack, rather affect shyness than confidence, 
lest the appearance of vigor should give the enemy reason 
to think we were in force, and consequently, occasion them 
either to retreat wilh so much celerity to the main body, 
or to draw back from that main body so powerful a rein- 
forcement as to defeat our purposes — in short, all I ex- 
pected from him for the present was, that he should oc- 
casion them to halt. I then put myself at the head of the 
remaining column and marched through the wood by that 
road, which, in the course of the evidence, is mentioned to 
have been discovered by Colonel Rhea or General Foreman, 
and to have been reconnoitered by Captain Edwards. It 
has been asked whether I gave any particular instructions 
to General Scott how to conduct himself on this occasion. 
I could not, I did not see him, nor did I conceive there was 
a necessity for it, for as his detachment was part of the 
corps I proposed to command in person, and as it was an 
affair, the success of which, perhaps, depended on a mo- 
ment, I contented myself with the general instructions con- 
veyed by Colonel Brooks, the Adjutant-General, to the prin- 
cipal officers and commanders of corps, with respect to the 
order they were to march in columns, and with the particu- 
lar orders given by Captain Edwards to Colonel Durgee. 

As to forming a precise plan in an un-reconnoitered coun- 
try, I have already (whether substantial or futile) given my 
objections ; and as T had great confidence in the attention 
and coolness of the officers and men, I persuaded myself 
that they would with facility throw themselves into any form 
that contingencies might require. 



208 



We marched with great rapidity till we emerged from the 
wood into the plain ; the wood extended itself close on our 
left to a point three hundred yards distant; about this time 
a party of our light-horse were driven in by those of the 
enemy towards the spot where Colonel Butler was with his 
detachment ; the Colonel repulsed them by his fire ; a crowd 
of visitants and spectators, acting in no capacity, on this 
occasion galloped in so furiously upon our troops, that had 
they not been firm and cool, might have occasioned great 
trepidation, alarm and confusion. These visitants are a 
species of gentry that I hope every general for the future, 
who has any regard for his own interest or that of the pub- 
lic, will devise some means to keep the field clear of. Ar- 
riving in the plain, in view of the enemy, the following was 
the disposition of our troops : The whole column (Maxwell's 
brigade excepted) had crossed the great ravine, where 1 halted 
General Wayne's original detachment in order to form a right, 
and then myself filed off Scott's detachment to the point of 
wood I have mentioned, to form a left. I then advanced 
into the plain in hopes of having a full view of the ground. 
The plain was extensive, and to me appeared unembarrassed ; 
their force considerable larger than I had been taught to 
expect; a column of artillery, with a strong covering party, 
both horse and foot, presented themselves in the centre of 
the plain, another much larger appeared directing their 
course towards the Court-house on our right. As this 
column, if it had turned our right, must have put us into 
the most dangerous situation, I immediately ordered three 
regiments, under the Marquis of Fayette, to incline to the 
right and meet them ; and detached Captain Mercer to Gen- 
eral Scott, then in the wood on the left, with orders to re- 
main where he was, as a security to our left flank ; this 



209 



could not possibly have been five minutes from the time I 
left his detachment. I then myself inclined farther to the 
right, in order to take my measures accordingly. A few 
minutes afterwards, I was surprised upon observing that 
Colonel Oswald, with the pieces under his command, were 
retiring towards the ravine ; I rode up to him, and in some 
heat demanded the reason why he retreated without my 
orders ; his answer was, as has been related to the Court, 
that he had expended all his round shot, and that his ammuni- 
tion wagon was on the other side of the ravine : the reason 
was, without doubt, fully satisfactory, and I may venture to 
pronounce, from what I observed, and from what every 
other person who had an opportunity of observing his con- 
duct through the whole process of that day, that it must be 
some very substantial reason indeed that will ever induce 
that officer to retreat. 

As so much depended on the security of the left flank, 
and the keeping possession of the wood where I left the 
main body, and apprehensive that some mistake might pos- 
sibly arise, I dispatched Captain Edwards, my other Aid- 
de-Camp, to General Scott, with a repetition of the orders 
I had before sent by Captain Mercer. 

Having, as I thought, conceived a proper idea of the in- 
tentions of the enemy, I was preparing to return to the left, 
in order to take the command myself, when my two Aid-de- 
Camps arrived and informed me that General Scott had 
abandoned the wood on the left, but that the whole of the 
troops were retiring from that quarter, and at the same time 
Captain Mercer observed that the enemy were directing 
their main body on that flank. This intelligence astonished 
as well as disconcerted me, and I could not refrain from 
expressing much indignation upon the occasion. In this 



210 



state of suspense, I observed the Marquis had fallen back, 
and I confess, circumstanced as we were, I was not sorry 
for it, although to this day I am ignorant by what means it 
was brought about. 

I now had thought of taking a position on the hither 
western margin of the ravine, in the idea that the village of 
Freehold would cover our right flank; from its aspect, I had 
conceived the houses to be built of stone, and that the trees, 
in which it was embosomed, were a thick, strong wood. ] 
desired the Marquis to examine if it answered its appear- 
ance, and a little after rode up myself to be ascertained of 
the fact; I found it to be the reverse of what I had im- 
agined ; the houses were of wood, the village open, and the 
supposed wood a mere common orchard of sparse apple 
trees. This disappointment — a reflection that the western 
side of the ravine was greatly commanded by the eastern 
side — my uncertainty to what point General Scott and the 
troops on the left had retired — so that, for aught I knew, 
our left flank might be quite in air. The certain intelli- 
gence which by this time I received of a new column of the 
enemy advancing towards us on the Middletown road 
(which I, in my own mind, had no doubt was their main 
body); these concurrent considerations, I say, determined 
me to abandon all thought of this position. In every view, 
on every principle, the measure would not only have been 
censurable, but criminal. I must observe, that about this 
time there was a cry on all sides, from a variety of people, 
that what we could see of the enemy pressing down upon 
us, was not the whole, but that another column had actually 
gained our flank or rather our rear on our right. To this I 
cannot say I paid much attention, although it w r as pretty 
confidently asserted, particularly by some French gentlemen. 



211 

I addressed myself to Monsieur de Portial, of whose 
abilities I had an high opinion, and as I did not choose to 
quit the troops myself, entreated him to ride on an emi- 
nence in our rear, it struck me to be a good position; he 
complied, and on his return made a favorable report of it. 
To this point I was determined to direct our course, where, 
I flattered myself, I should be joined by the troops on the 
left, it would at least be gaining ground for that purpose. 
I ordered the battalions and guns to file off in the only 
manner in which, in my opinion, such manoeuvres are prac- 
ticable. The guns and battalions supported, and were sup- 
ported mutually; had we attempted it in a display of line, 
great confusion, impediment and loss, must, I think, have 
ensued ; and I can venture to assert, that no man in this 
whole army, whatever services he may have seen, and in 
whatever parts of the world he may have served, can in- 
stance a retrograde manoeuvre in the face and under the fire 
of an enemy, performed with more order and precision. 

When we reached the point Monsieur Portial had recon- 
noitered and approved of, if I recollect right, he himself 
observed the main position would not be tenable, unless a 
knoll in our front and on our left was occupied by some 
pieces of artillery, as it would eminently command our 
main position. This knoll was separated from us by a 
ravine or ugly hollow way ; I believe, but am far from 
being positive, that Monsieur Portial made several objec- 
tions to this position, which at first sight appeared to him 
favorable ; perhaps I might not well have comprehended 
him, for I do not harbor the least suspicion of his want of 
candor ; on the contrary, I have a great opinion of his integ- 
rity as well as of his abilities ; and, as I have always de- 
clared publicly my sentiments with regard to this gentle- 

27 



212 



man, I may, without suspicion of compliment on this occa- 
sion, say that I think him a real acquisition to the conti- 
nent. This is the ground, or near it, I think, which seems 
to have struck Colonel Grayson as an excellent position, 
but as Colonel Grayson was only an officer of the line, he 
probably had not opportunity of considering all its vices. 
It was, according to my conception (at least form the prima 
facie, and a General in an un-reconnoitered country, can 
alone form his judgment from the prima facie) I say, it was, 
according to my conception, an execrable position. In the 
first place, it is, I believe, in war as well as in all other 
things, a general maxim, that the whole should not depend 
on a part, or the major on the minor. Now, this knoll in 
our front, and consequently nearest the enemy, separated 
by a ravine or ugly hollow way from the ground where our 
principal corps was to be formed, its crown or occupiable 
part so contracted, as to have admitted a very trifling num- 
ber of troops to support the battery placed upon it, so emi- 
nently commanded the main position, that it is manifest the 
instant this single point had been carried, the whole would 
have been under the disgraceful necessity of retiring with 
precipitation and confusion. The wood upon the right (if I 
may so express myself) was no wood at all, but rather a 
bushery. There was, indeed, a real wood, but at so great a 
distance as not to be attainable by infantry in the fatigued 
state our troops were then in. In fact, this flank was by no 
means secure against the attempts of the British cavalry, 
had they acted in squadron, which I had every moment 
reason to expect. 

But to waive these considerations, there remains a capi- 
tal objection to this position, which is alone sufficient to exe- 
crate it in the eye of every judicious soldier, 1 mean the 



213 



ravine or morass in our rear, over which there was alone 
one passage, and that a very narrow one. General Dickin- 
son (who seems to have informed himself of everything; 
it was his business to have informed himself of more tally 
than any other person to whom I was referred) had im- 
pressed this important point on my mind in too emphatic 
terms to be easily forgotten. Upon the whole, I thmk, I 
may safely refer it to the conscience and judgment of every 
member of this Court whether, from these conspiring cir 
cumstances, I should have acted wisely or not in keeping 

this position. 

At this junction, Mr. Wikoff fell in with me, who said he 
was perfectly acquainted with the country, and offered any 
services in his power. I thought myself extremely fortu- 
nate in the renconter, and begged that he would inform me 
wher e a position was to be found that would render our 
flanks secure from the British cavalry, and at the same time 
shelter our men from the intolerable heat of the weather; 
bis answer was, that he knew of no wood that would shelter 
our men from the heat of the weather, and at the same tune 
could be esteemed a tolerable position, but that there was 
an eminence in our rear, which, in his judgment, would an- 
swer the latter purpose excellently well ; he pointed to it, 
and it proved to be the very same on which General Wash- 
ington and the army afterwards took post. 

As the regiments have no uniforms or distinguishing col- 
ors and as I was unhappily almost an utter stranger to the 
names and faces of the commanding officers of the respect- 
ive corps, I did the only thing I possibly could do in these 
circumstances; I entreated him to ride to the rear, make 
use of my na,^, an,! take the first regiment he should find 
opportunely situated, and arrange them on the hill proposed 



214 



as a point of halt for the whole ; I would willingly have 
sent one of my Aid-de-Camps with him, but both their 
horses were so worn down that they could scarcely move, 
and the other two gentlemen, who had personally attended 
through the whole course of the day, Colonel Malmedie and 
Colonel Brooks, were absolutely dismounted, and them- 
selves, from the loss of their horses, almost dead with 
fatigue. Captain Mercer, however, was soon after detached 
on this errand, but was prevented from putting into execu- 
tion by the arrival of General Washington. 

I cannot pretend to say, whether the authority I gave to 
Mr. Wikoff had all the weight I wished with the officer to 
whom he addressed himself; but ill attended as I was, it 
was the only method I could adopt in my circumstances ; 
and I had little reason to doubt, from the good disposition I 
observed in the men and officers to comply with every order, 
which had the appearance of proceeding from any authority, 
that it would have the desired effect, and if it had not, I 
cannot think myself responsible for it, but that it must be 
attributed to the defective constitution of our army, the 
most defective part of which is, in my opinion, the want 
of proper colors to the battalions, and a proper application 
of these colors, which are the grand pivot and soul of all 
manoeuvres, the want of proper military instruments to 
sound the signals of retreat, halt, march or charge ; for I 
am myself persuaded, that had not our system been so de- 
fective in these points, and the number of my Aid-de- 
Camps been competent, I could (such was the excellent 
temper of the troops) have conducted the whole manoeuvres 
of this day with as much ease as ever they were performed 
in a common field of exercise. 

But be this as it may, I confess I had not the least appre- 



215 



hension that Mr. Wikoff would not have influence sufficient 
to lead a battalion to the point proposed for a general halt, 
and as little that the officer of this battalion, whichever it 
might be, would not take the necessary care to prevent any 
troops from filing off' into the rear without further orders. 
Quite at ease, therefore, on this subject, I applied my whole 
thoughts and attention to the conducting the troops from 
this position, which I considered as an execrable one to the 
other in the rear, that I was taught to think a very good 
one ; I had previously ordered General Maxwell into the 
wood on our left and in our rear, which would secure our 
retreat over the morass in our rear, which has been so often 
mentioned to have had only one passage over it, and I took 
measures to supply his place. 

From this point of action to the eminence where we 
found General Washington, I can safely appeal to all those 
who were near enough to observe me, whether I did not 
show all the attention possible to the filing off the troops, 
the posting and properly supporting of the guns ? Whether 
I was not in front, in flank, and wherever my presence could 
possibly be necessary? And whether I did not seem more 
solicitous for the safety and honor of the troops than for my 
own person ? 

The instant General Washington came up and had issued 
a single order, I considered myself in fact reduced to a pri- 
vate capacity, and if any disorder arose from this moment, 
it may, I think, be attributed rather to a clashing of orders, 
and the not perfectly understanding each other, than to 
any want of judgment in me. When he permitted me to 
i( assume the command on the hill we were then on, he 
gave me directions to defend it, in order to give him time 
to make a disposition of his army. The measures I then 



216 



took were such as the exigencies of affairs required. The 
troops that remained on this hill were those that I intended 
should supply the place of General Maxwell's brigade, or- 
dered before to cover the passage of our troops over this 
bridge. They were Stewart's and Livingston's battalions, 
and Varnum's brigade. I understood General Wayne took 
the command in the point of wood on our left, where Colo- 
nel Stewart had been halted. I accordingly addressed my 
orders by Captain Mercer to him; they were, that he should 
defend that post to the last. On their right, on the opposite 
side of the plain, I had ordered Colonel Oswald, with four 
pieces of artillery ; he might have been in some measure 
exposed had he continued long in that situation, as Colonel 
Livingston, who had long before been attached to the artil- 
lery, had drawn up, by the mistake explained in Colonel 
Oswald's evidence some distance in the rear. But the mo- 
ment I found his situation dangerous, I ordered him into 
the rear of Livingston's again ; which regiment, together 
with Varnum's brigade, some time before drawn up by 
Colonel Brooks, my Adjutant-General, lined the fence that 
stretched across the open field. I here established a bat- 
tery and took post myself. I sent Captain Mercer, my Aid- 
de-Camp, to Colonel Ogden, who (as I was informed by 
Major Ogden) had drawn up in the wood nearest the bridge 
in our rear, and ordered him to defend that post, to cover 
the retreat of the whole over the bridge. 

1 have mentioned the disposition of these troops particu- 
larly, as it has been attempted to be proved by some nega- 
tive evidences, that the troops on this hill had not my 
orders. There was not a man of them but what had my 
particular orders, and the greater part of them before I had 
the honor of seeing those gentlemen, as has been fully 



217 

proved by the gentlemen on the affirmative side, who have 
given in their testimony relative to that particular transac- 
tion. The whole squadron of these negative gentlemen, 
who have pranced it about over reams of paper, for purposes 
too obvious, and who have taken such wonderful pains to 
prove that these battalions who sustained the charge of the 
enemy, at this particular point of action, were posted inde- 
pendent of my order, and that the guns were unsupported 
and uncovered. This whole squadron of negatives, I say, 
would have been so completely overturned by even a single 
individual out of the respectable list of affirmants who have 
appeared in Court to prove the contrary, that I need not 
add a word on the subject. 

These battalions having sustained with gallantry, and re- 
turned with vigor, a very considerable fire, were at length 
successively forced over the bridge ; the rear I brought up 
myself. I then addressed his Excellency in these words : 
" Sir, here are my troops ; how is it your pleasure that I 
should dispose of them ? Shall I form them in your front, 
align them with your main body, or draw them up in the 
rear?" He answered that I should arrange them in the 
rear of English-Town. 

So far at this time from conceiving ourselves as beaten or 
disgraced, that I really thought, taking into consideration 
all circumstances, the various contradictory and false intel- 
ligence, disobedience or mistakes in some officers, precipi- 
tancy in others, ignorance of the ground, want of cavalry, 
that it was the flower of the British army we had to deal 
with ; considering all these circumstances, I repeat, so far 
was I from conceiving ourselves as beaten or disgraced, that 
I really thought the troops entitled to the highest honor ; 
and that I myself, instead of the thundering charges 



218 

brought against me, had merited some degree of applause 
from the General and from the public. And I solemnly 
protest, that at this instant when I addressed the General, I 
was totally ignorant that a man of my corps had filed off' to 
his rear, without his particular orders ; I was ignorant of it 
that night, I was ignorant of it next day ; nay, I protest to 
God I remained in this ignorance till long after this present 
court-martial was assembled. And I beg leave once more 
to observe, that I cannot think myself responsible for it, 
as I had taken every means in my power to prevent it ; but 
that it must be attributed to the defects in the constitution 
of the army, which only perhaps wants a more perfect sys- 
tem and economy to render it the best in the world. When 
I arrived at English-Town Creek, I found the Baron Steu- 
ben employed in the business which had been enjoined me. 
I was extremely glad of it, as I thought myself now at lib- 
erty to return to the field of action, which (as soon as my 
Aid-de-Cainps had changed their horses, both of which had 
been wounded), I did, and offered to his Excellency my ser- 
vices in any duties where they could be required. 

The conversation I held with his Excellency has been in- 
troduced into Court by such a variety of evidences, and 
seems to have been dwelt upon with so much stress (although 
from my soul I cannot see for what purposes), that I should 
endeavor to recollect the terms literally ; but to give pre- 
cisely the idea I at that time conceived, or even at this in- 
stant conceive, of the greater part of the import of it, 
is really out of my power ; I trespass on the time and 
patience of the Court in attempting it. When I arrived 
first in his presence, conscious of having done nothing that 
could draw on the least censure, but rather flattering myself 
with his congratulation and applause, I confess I was dis- 



219 



concerted, astonished and confounded by the words and 
manner in which his Excellency accosted me ; it was so 
novel and unexpected from a man, whose discretion, hu- 
manity and decorum I had from the first of our acquaint- 
ance stood in admiration of, that I was for some time 
incapable of making any coherent answer to questions so 
abrupt and in a great measure to me unintelligible. The 
terms, I think, were these — " I desire to know, sir, what is 
the reason — whence arises this disorder and confusion ?" 
The manner in which he expressed them was much stronger 
and more severe than the expressions themselves. When 
I recovered myself sufficiently, I answered, that I saw or 
knew of no confusion but what naturally arose from disobe- 
dience of orders, contradictory intelligence, and the imper- 
tinence and presumption of individuals, who were vested 
with no authority, intruding thmselves in matters above 
them and out of their sphere. That the retreat, in the first 
instance, was contrary to my intentions, contrary to my orders, 
and contrary to my wishes. I even particularized ; I said 
General Scott, at the head of the troops on the left, had gone off 
without authority, and that the falling back of the troops on 
the right could be ascribed to no reason that I could divine, 
unless the retiring of some guns over the ravine involun- 
tarily but necessarily, from the want of ammunition, had been 
considered as a signal for a general retreat. I added, I 
think, that had I remained longer in the situation I had 
been in, the risk so greatly overbalanced any advantages 
that could possibly have been gained, that I thought it my 
duty to act as I had done. 

To which he replied, " All this may be very true, sir, but 
you ought not to have undertaken it unless you intended to 

go through with it.'' Now, what his Excellency meant by 

28 



220 

saying that I should not have undertaken what I had no in- 
tention of going through with, I confess I did not then, nor 
da I at this day, understand. I had set out in the morning, 
as has been already observed, with the idea that it was his 
Excellency's intention that I should strike some important 
but partial blow, and I had endeavored, in the manner related, 
to execute these intentions. This is what I conceived I had 
undertaken, and what I endeavored to go through with. As 
to my own meaning in saying the risk overbalanced the 
advantages to be gained, &c, I know what it was, and think 
I can explain it. It was, that after I had been disappointed 
in my first plan, and after the retreat in the first instance 
had taken place, by the means which the Court is already 
acquainted with, there was no one position in the whole 
theatre which, to me, appeared good enough to promise us 
any advantages to counterbalance the serious loss we should 
evidently have hazarded by remaining in it. There were 
some expressions (I cannot precisely recollect them) let 
fall by the General, which, at the instant, conveyed to me 
an idea that he had adopted new sentiments, and that it was 
his wish to bring on a general engagement. This idea drew 
from me some sentences, such as related in Colonel Tilg- 
ham's evidence. It remained with me for some moments, 
but was entirely banished by what subsequently passed ; 
for when, (on the supposition that not a man had filed off in 
his rear without his immediate orders,) I requested to know 
his Excellency's pleasure, how I should dispose of the 
troops ; whether I should form them in front, align with 
the main body, or draw them up in his rear ; and instead of 
approving any of these propositions, he ordered me to arrange 
them in the rear of English-Town Creek, at three miles 
distance, I was more confirmed than ever in the original 



221 



idea I set out with, viz.: that it never was his intention to 
court or hazard a general engagement. I must beg leave 
to observe once more, that, in my opinion, every circum- 
stance relative to this conversation is rather a trespass on 
the time and patience of the Court, as posterior conversation 
can never overturn facts established by strong and numer- 
ous evidences; but as it has been introduced, and so much 
stress has been apparently laid upon it, I could not be 
silent on the subject. 

I shall now beg leave to make a few observations on part 
of some of the different evidences that have been produced 
in Court. 

The only comment I shall make on the evidence of the 
Marquis of Fayette will be on that part where he mentions, 
that having received orders to attack the enemy's left, 
counter orders were given before he had proceeded one- 
quarter of the way necessary. The fact is, the only order I 
sent the Marquis from the time I gave him orders for attack 
to the time I saw him myself in rear of the ravine, was 
that by Mr. Steth, the light-horse officer, mentioned in that 
gentleman's evidence as the first sent by him, which was 
after I had received the account of General Scott's retreat. 

The Marquis does not, throughout his whole evidence, hint 
that he himself received my orders to retreat ; what he says 
positively contradicts such a surmise. His words are to 
this effect : That he understood such orders had come offi- 
cially from General Lee, and he thought such orders would 
come of course, for looking behind him he found himself at 
the head of Colonel Livingston's regiment alone. Upon the 
whole, I cannot but conjecture that these orders were de- 
livered to the wrong person, which will appear very proba- 
ble in the manner this body of troops marched (the regi- 



222 



merits at some distance from each other), which must indeed 
be one of the principal reasons for my sending that order 
by Mr. Steth, as they were then so near the enemy as to 
render extremely dangerous their marching in so broken a 
line. 

It was a step that the Marquis would naturally take when 
he found himself in this situation, to order that battalion 
back ; and the retreat being thus commenced, I am not sur- 
prised at its being continued, as the commanding officer was 
ignorant of my intentions. 

But that a retreat was in direct opposition to my then 
wish, I think is evidently evinced by my ordering back 
some retiring artillery long after my sending this order, as 
Colonel Oswald and Captain Steth have both proved. 

The reason why I did not appear dissatisfied with the 
Marquis, I have taken occasion to explain in my narrative, 
and need only here add, that it was a fortunate mistake. 
In truth, when I called to mind the several circumstances 
of this day, the only omission with which I can justly up- 
braid myself is, that I did not, on first receiving intelli- 
gence of General Scott's having abandoned the wood on our 
left, immediately order a retreat on the right. 

Here I beg leave to observe, that what comments I shall 
make on the evidence produced in prosecution, will be done 
with the utmost candor and dispassion, and in such a man- 
ner, I hope, as can only appear an appeal to the good sense 
and reason of the Court. GeneralAVayne says that he made 
frequent requests to me by his Aid-de-Camps in the course 
of the day, and that he made them in vain ; one while to 
reinforce him, for that the enemy were precipitately retir- 
ing, and that then was the time to press them ; another 
instant, when they made an halt, he was as fully convinced 



that it was their intention to attack, and of course a rein- 
forcement was equally necessary: or rather in his language 
he requested that I should push up the wh"le troops. I 
could not help being surprised, and expressing my surj 
that every appearance of retreat in the enemy, and e 
halt they made, should n him, the one a- the effect 

of fright and necessitv, and the other as a serionf 
I laughed at his notions, and said that he must expect 
twenty such feints in the course of the day. for that it was 
the common practice on similar • si - But, in r he name 

1. had I been weak enough to humor the General. wh?it 
could we ' have effected .' The utmost wt could 

have done would have been just what was contrary to our 
inter— •. "W e would have drove the covering party back 
towards the main body, or we would have drawn back the 
main the suj | the covering party: the two 

very things we ought most 1 precate. In 
view, on every principle, the attack committed to his 
duct ght i have worn rather the appearance of diffid 
than confidence. He was sufficiently - _ - - very 

vored, by my Aid-de-Can.- 
make him sensible of it. To spend the principal part of 
your force by an immediate attack on the rear of an armv 
in retrea - - a fair pro- .aking ai_ 

-ion on both flanks, is £ - that it would 

be a B t to the < - to attempt demonstrating it. 

el Durgee had been d I wa- immediate 

fall on their left flank: Colonel Morgan had received his pre- 
vail on their right flank as his discretion 
•1 direct : for to this gentleman, when the general prin- 
ciple had been explained, an ah. iute discretionary 
r was necessary It was uncertain, and must be u 



224 



tain, on what particular point of the enemy's flank he could 
be at any moment of the day ; to have sent any particular 
orders, therefore, to him how precisely to conduct himself, 
would have been idle, impertinent, and vain. In short, from 
the circumstances of our situation, Colonel Morgan must be 
left to his own discretion. 

But to return from this digression. I do not mean to 
depreciate the value of General Wayne, I believe him to be 
a most thoroughly brave man, but I cannot help observing, 
that from the moment he took command of the advanced 
corps he seemed to think the whole executive duties of the 
day transferred to him, and that he had nothing to do but 
to make demands for any number of troops he thought 
proper to dispose of, just as his notions for the moment 
should dictate. In another part of his evidence he says he 
sent Major Fishbourne to request that I would at least send 
back part of the troops to protect General Scott from the 
imminent danger he was in. I remember very well receiv- 
ing a message by Major Lenox, who was distinct and clear, 
(though he unfortunately did not remain long enough to give 
me an opportunity of explaining my intentions,) but I am 
almost positive that I never saw Major Fishbourne from the 
beginning of the affair to the ending, (once in the wood ex- 
cepted,) who was at that time so very far from being dis- 
tinct and clear, that I paid very little attention to what he 
said. I may possibly be mistaken, but I am sure if he had 
delivered me such a message, 1 should have been quite at 
my ease about General Scott, who had with him by far the 
greatest part of the detachment under my command, and 
whom I had left in the least dangerous point of the whole 
field of action. In fact, the right had more occasion for 



225 

support from the left by far than the left from the few troops 
on the right. 

General Wayne, in another place, is pleased to give his 
opinion to the Court that the western margin of the ravine 
would have been an excellent position ; but as this is merely 
a matter of opinion, and I have already given my reasons 
for thinking it an execrable one, I shall not trouble the 
Court with a word on the subject, 

lie expresses, it seems, a sovereign contempt for cavalry, 
and says, that if they had attempted to have turned our 
flanks, he would have marched out and have drove them. 
The idea is magnanimous, but I much doubt whether he 
would have found it so easy in practice as in assertion. 
Whether a corps of infantry of equal number with a corps 
of cavalry, front to front, is superior or inferior, has been 
often a matter of dispute. But that a corps of cavalry turn- 
ing the flank of a corps of infantry, consisting of a single 
line only, without even a body of reserve, and of course 
without support, is a circumstance to be despised, is a dis- 
covery now for the first time made. 

The free comments I have taken the liberty of making on 
General Wayne's evidence, may possibly be attributed to 
resentment, as it is publicly said that he has been one of 
the principal actors in my prosecution ; I beg leave to set 
the Court right ; I do not harbor the least resentment against 
him. On the contrary, from all I have been able to collect 
of his character, I am persuaded he acted from an honest 
principle and a conviction that I had not done my duty ; and 
I have no doubt that had he been well informed of the 
whole circumstances of the day, I should, instead of a prose- 
cutor, have found in him a friend and advocate. 

it has been asked, when I had been informed that Gene- 



226 

ral Scott had quitted the post I imagined he was in, where- 
fore I did not send to inquire where he was ? My real 
reason was, that as I was uncertain to what point he was 
retired, I did not choose to dispatch one of my Aid-de- 
Oamps on an errand which might prove as fruitless as the 
former. When both of them had been sent with orders to 
him (on that occasion I felt the inconvenience of being unat- 
tended), I had immediate occasion for them in a variety of 
important business. Indeed, had I been furnished with 
half a dozen more I should have had full employment for 
them all. It certainly was his duty, when he quitted the 
ground he had been marched up to, from his own authority, 
necessarily or unnecessarily, to inform me of it — assign the 
reasons, and request to know what was to be done. He 
probably might have had reasons, or what to him might ap- 
pear reasons, for his conduct; but undoubtedly I should 
have been acquainted with it. I here must observe, that if 
I had been guilty of an inadvertency in this article (which 
I am persuaded in my own mind I was not), it would be the 
first instance of a General's being called to account for a 
single omission ; twenty are committed by every General in 
the hurry of action, which, if the general tenor of his con- 
duct is that of a calm, attentive and active officer, pass un- 
censured and unobserved. I appeal for the truth of this to 
all those who have been in actions and near the persons of 
Generals, even of the best; and to speak with becoming 
confidence, the tenor of my conduct, was that at least of a 
calm, attentive, and active officer, and I may, without pre- 
sumption, insist, that in this article the omission was Gene- 
ral Scott's, not mine. 

Now Iain upon the subject of the several inadvertencies 
and omissions imputed to me, I must advert to one that 



227 

seems to have been considered not as the least, viz., my 
having neglected to send intelligence to his Excellency of 
my situation; but no point, I think, can be more easily 
cleared up than this. At the time I had formed a plan and 
entertained hopes of executing it, the means were fortunately 
found of communicating my design and hopes of success, as 
it proved by the evidence of Mr. M'Henry and Major Gil- 
man. But when, from the circumstances already related, 
this plan was defeated, and I had no longer hopes of success, 
my situation took a new face. My business was then, of 
course, to look out for a position where the troops could 
receive the enemy and baffle their attack, for at this time it 
was manifest they intended to attack us. The country was 
un-reconnoitered, but I from moment to moment nattered 
myself that I should find out a suitable position for this 
purpose. My intention was certainly never to make a 
general retreat. One while, from its first appearance, 1 
thought the western side of the ravine, with the Court-house 
on our right flank, would have answered, but upon exam- 
ination and reflection, this appeared, from the reason already 
explained, an execrable one. The next that occurred was 
the eminence mentioned to be reconnoitered by Monsieur 
Portial, and abandoned for reasons full as strong. And 
here, if my memory does not fail me, I sent his Excellency 
information of my design by a young gentleman introduced 
to me for that purpose by Colonel Meade. The third and 
last was, in my judgment, the only one which I could, with- 
out risking the fate of my whole detachment to an evident 
disadvantage, really occupy ; and this I determined to occu- 
py, and should certainly have informed his Excellency of my 
situation if I had not been prevented by his arrival. But 
to have sent one of the few attendants I had about me to 

29 



228 

the General, merely to inform him that I was looking for a 
position, before I knew where this position would be, would 
have been distressing myself without conveying any useful 
information. In fact, I had no idea that his Excellency 
meant to move from English-Town, where I was informed 
he was posted, by a letter from Colonel Fitzgerald to Colonel 
Laurens, put into my hands ; and that situation appeared 
to me the best calculated to support my corps of any I knew 
of in that country, with which I was totally unacquainted. 
And farther than measures that would relate to my sup- 
port, it would have been presumption in me to give any 
opinion. 

I would here beg leave to make an observation on what 
seems to have been thought of no small consequence in the 
course of this trial, I mean the ascertaining the numbers of 
the enemy ; it is a question that has been asked all the 
officers who have appeared in Court. It must be a very 
peculiar situation where an officer can or will employ him- 
self in counting heads, for, as every General makes it his 
business to conceal his force as much as possible, the visi- 
ble part of the opponent army is often the least. In most 
situations the estimate must be made by inferences drawn 
from their interests and their manoeuvres. I had myself 
different ideas of their numbers at different periods of the 
day; for instance, I was warranted to conclude, that those 
immediately in our presence were about two thousand 
men. 

When we issued into the plain, I was convinced this corps 
was larger, and when we were at the Court-house I could 
have inferred from this single manoeuvre, their bearing 
down on our right, that still a much more important corps 
was near at hand ; I say I should have been convinced from 



229 

inference alone, although I had never received the positive 
intelligence I did of another great column advancing from 
their right, I should have been convinced from inference, by 
this manoeuvre, if this column bearing down upon our right 
had been the whole, it would have been in air — a piece of 
insanity one cannot suppose their Generals capable of. In 
fine, at this period, I had no doubt within myself of their 
whole army, at least their whole flying army, being in the 
field, but their number is now pretty well ascertained ; they 
were, it appears, composed of the guards, the British and 
Hessian grenadiers, the British light infantry, the yagers 
and Queen's rangers, all the cavalry, with two covering 
British brigades, and afterwards I understood two more 
were added ; if the merits or demerits of our manoeuvres 
were to depend on the estimate of heads, we certainly 
merited no censure, as at the time I ordered a retrograde 
manoeuvre, I had not fifteen hundred men with me. 

There is one part of Colonel Hamilton's evidence I can- 
not help animadverting upon ; it has hurt me because it is 
even an impeachment of my qualifications as an officer, and 
it has hurt me the more, as it comes from a man of esteemed 
sense, and whose valor I myself was a witness of, although 
it is not that sort of valor, unless by practice and philosophy 
he can correct, will ever be of any great use to the commu- 
nity. The Colonel is pleased to allow me personal intre- 
pidity, but that there appeared in me that hurry of spirits 
which may proceed from a temper not so calm and steady 
as is necessary to support a man in such critical circum- 
stances. 

Now, in answer to all this fine language, I shall only re- 
peat, as nearly as possible, the conversation that passed 
between us. 



230 



When General Washington asked me whether I would 
remain in front and retain the command, or he should take 
it, and I had answered that I undoubtedly would, and that 
he should see that I myself should be one of the last to 
leave the field, Colonel Hamilton flourishing his sword, 
immediately exclaimed : That's right, my dear General, and 
I will stay, and we will all die here on this spot. I must 
observe, that this hill was by no means a position to risk 
anything further than the troops then halted on it, with 
which I intended to cover my corps in their passage over 
the bridge, and give the enemy a check, to gain time for 
General Washington to make a disposition of the army. As 
this was the principle on which the hill was defended, I 
could but be surprised at his expression, but observing him 
much flustered and in a sort cf frenzy of valor, I calmly 
requested him to observe me well and to tell me if I did 
not appear tranquil and master of my faculties ; his answer 
was, that he must own that I was entirely possessed of my- 
self; well, then (said I J, you must allow me to be a proper 
judge of what I ought to do. Sir (I added) if you will take 
pains to examine that hill in our front, you will perceive 
that it so eminently commands this we are on, that it would 
be unpardonable to risk anything more on it than what 
necessity will oblige us; as to myself, I am as ready to die 
as what you possibly can be, but I am responsible for some- 
thing more than my own person, I am responsible to the 
General and to the continent for the troops I have been 
entrusted with. When I have taken proper measures to 
get the main body uf them in a good position, I will die with 
you on this spot, if you please. 

If Colonel Hamilton's sentiments were really opposite to 
what his precise words were, I cannot help thinking it some* 



231 



what extraordinary that he and Colonel Laurens should have 
seen with so very different optics from those of every 
other gentleman who had an opportunity of observing me 
that day. 

To Colonel Fitzgerald's, and more particularly to Colonel 
Harrison's evidence, (as they really appeared to me to 
mean nothing,) I can say nothing; the whole is one tissue of 
negatives, opinions and comments upon opinions of those 
who had seen nothing and knew nothing, collected gradually 
through all the successive ranks of the army, from fifers up 
to colonels ; they suppose the guns were not covered be- 
cause they did not happen to see, during the short time they 
staid, a regiment exactly aligned with these guns, without 
taking the pains to infirm themselves whether there was 
not sufficient force whose cross fire effectually did cover 
them. They suppose 1 issued no orders, because they did 
not hear me i.ssue orders, without being informed whether 
every necessary order had not been previously given through 
the proper channel and conveyed to the proper persons. 
They suppose that no arrangement was made because they 
saw no display of line, without taking time to consider 
whether, from the nature of the country, and the nature of 
the manoeuvre, a display of line was possible, and whether, 
if it had been possible, it would not have been pernicious. 
To such evidences, I repeat, I can reply nothing, because 
they amount to nothing. A single affirmant out of the re- 
spectable list that has appeared in Court (and which, if I had 
chosen, might have been still more respectable), to prove 
that the guns were well supported, and the battalions re- 
ceived proper orders, and every arrangement made, which 
the nature of the country and the nature of the manoeuvre 
would admit. A single affirmant out of this respectable 



232 



list, whom circumstances and situations qualified to know 
minutely what was done and what was not done, is sufficient 
to overturn a whole squadron of negatives, opinion collec- 
tors, and dealers in induction from mistaken and unascer- 
tained facts. 

Of all the very distant spectators of the manoeuvres on 
this day, and those a very trifling part of them, the Baron 
Steuben is, I think, the only gentleman who has stepped 
forth to prove their demerits ; he has certainly shown a 
very laudable zeal for bringing a criminal officer to condign 
punishment ; but the next time he takes the field of prose- 
cution in the cause of an injured community, I hope his pru- 
dence will dictate to him the necessity of being furnished 
with a better apparatus. 

As to Monsieur Langfrang's relation of the very curious - 
conversation we had together (a gentleman of whose person 
at that time, and of what capacity he acted in, I am at this 
day totally ignorant), all I can say is, that either my memory 
negatively, or his must actively, wretchedly have failed us, 
as I do not recollect that I ever uttered a single syllable of 
it ; but I can assure Monsieur Langfrang, that should he 
ever honor me with his presence on a similar occasion, I 
shall think myself justifiable in making use of any means to 
render the honor as short as possible. 

To the introduction of Dr. Griffith's evidence into Court 
I took the liberty of objecting, on more than one principle. 
In the first place I objected to it, because posterior conver- 
sation, as I have already observed, cannot overturn facts 
established by strong and variety of evidence. In the 
second place, because when I expressed an apprehension for 
the fate of the day, I was conscious that I alluded to things 
which had no reference to my crimination or exculpation 



233 

with respect to any one of the charges brought against me ; 
I alluded to certain measures which I apprehended were 
then in agitation to be pursued, and which I thought ex- 
tremely dangerous. I was so very anxious on this head, as 
I knew his Excellency was unacquainted with the nature 
of the country before him, that I thought it my duty to re- 
present its vices to him ; and Colonel Meade, by whom I 
addressed my sentiments on this occasion, could, if neces- 
sary, explain my meaning fully. I objected to it for a still 
more substantial and extensive principle, because I think 
quoting conversations betwixt man and man, is establishing 
a precedent subversive of the laws of humanity ; it must 
infect with jealousy that confidence which constitutes the 
sweetest blessing of society, must put us under that per- 
petual guard, restriction, and diffidence, which would render 
the liberties you have been fighting for of no value. For 
my own part, I think, that although liberty may formally 
be established by every law that can be impressed on parch- 
ment, if such manners as these are introduced, if we are to 
live in eternal circumspection, if all we throw out in our 
ruffled, unguarded moments, we are just as miserable as the 
wretched French under the tyrannical administration of 
Richlieu and Mazarine ; and that I was extremely ruffled at 
the time I happened to fall in with Doctor Griffith, must be 
naturally supposed ; I confess I was ruffled to an extreme 
degree ; I was conscious of having done my duty, and more 
than barely done my duty ; I flattered myself with con- 
gratulation and applause, instead of which, I was accosted 
with the most disgraceful reproach ; but I must do Doctor 
Griffith the justice to declare, that I am convinced he was 
not a volunteer on this occasion, but unwarily dragged 
into it. 



234 

The two letters I addressed to the General constitute the 
third article of the charges brought against me. The merit 
or demerit of these letters do not depend so much on the 
literal construction as on the circumstances which gave rise 
to them. I must entreat every member of the Court to 
conceive himself in my situation for a moment. I arrived 
in his Excellency's presence without the least suspicions of 
having merited the reception I was to meet with. Con- 
scious of having done and more than barely done my duh . 
conscious that I had, to the utmost of my power, obeyed 
his instructions, and endeavored to fulfil his expectations, 
that when my first plan had been defeated, and the first 
retreat taken place, contrary to my intentions and orders, 
by the means already explained, I had, as I somewhere and 
to somebody expressed it, made the best of a bad bargain. 
The country we had been thrown into was un-reeonnoitered 
by us, and undoubtedly well known to the enemy ; the 
ground in all respects to us unfavorable ; one ravine after 
another presented itself in our rear ; the margin on the side 
of the enemy always commanding that on ours ; not a 
pioneer with proper tools in our whole detachment : the 
enemy furnished with a strong and excellent corps of cav- 
alry, we unprovided ; their numbers, as from every intelli- 
gence, have been proved superior to ours, and composed of 
the flower of their army ; from the extreme point from 
whence the retreat in the first instance took place, to the 
eminence where the General and the army were afterwards 
arranged, a space of two miles and a half; the time em- 
ployed in retrograding from one position manifestly bad to 
another, which had the appearance of being better, not less 
than three hours; and notwithstanding all these difficulties, 
arising from disobedience or mistakes of orders, ignorance 



•235 

of the country, of the force of the enemy, the unfavorable- 
ness of ground, it was performed without the loss of a sin- 
gle piece of artillery, a single battalion, or even a single 
company. The artillery properly posted, served and sup- 
ported. The only point in the intermediate space where it 
was proper tind necessary that our battalions should remain 
until the enemy came within reach of their musketry, was 
vigorously and effectually availed of. An attempt indeed 
has been made negatively to prove that this was done inde- 
pendently of my order. But so strong has been the affirm- 
atives to the contrary, that this I must think will share the 
same fate as, I flatter myself, will be that of the other nega- 
tives. 

In this perfect conviction of mind, thus thoroughly per- 
suaded that L had done, and more than barely done my 
duty, that I had obeyed to the utmost of my power the 
instructions, and endeavored to fulfil the expectations of the 
General, and that, when my first design had failed, and 
affairs had, from unforeseen events, assumed a different 
aspect, that I had not only extricated the detachment en- 
trusted to my command from a most dangerous situation, 
without loss or disgrace, but under many disadvantages 
baffled and checked the enemy; I must entreat, I say, 
every member of the Court to substitute himself for a mo- 
ment in my place, and then to ask his own breast, if instead 
of the congratulation and applause he expected, he had been 
received with slight and reproach, he does not think it pos- 
sible to write a letter in such or stronger terms than mine, 
without being actuated by an unruly and contumacious 
spirit ? or whether they are not such as the honest senti- 
ment of a man who conceives himself injured, must natu- 

30 



236 

rally inspire? 1 must bog leave, likewise, to observe to 
the Court, that from the time this, as to me it appeared, 
cruel injustice was done me, to the time I wrote the first 
letter, was an interval of more than forty hours ; during 
which I waited in sanguine hopes that his Excellency would 
be better informed of facts, and that the instant he was un- 
deceived, he would make me some apology for the mistake 
lain under; and I solemnly declare that my disposition of 
mind was such, as to have been satisfied with the most 
moderate that could have been devised, as I considered it 
in some respects for the interest of his Excellency, whom I 
had ever loved and esteemed, for my own in many respects, 
and let me add, for the satisfaction, at least, of the conti- 
nent, that no appearance of animosity or even misunder- 
standing, betwixt men they had so highly entrusted, should 
be published to the world; but when, instead of the apology 
I had flattered myself with, these thundering charges were 
brought against me, comprehending the blackest military 
crimes of the whole black catalogue, I was more than con- 
founded, I was thrown into a stupor, my whole faculties 
were tor a time benumbed; I read and read it over a dozen 
times, and thought it still a delusion, but when I waked and 
was convinced of the reality, I sat down and wrote the 
seemo! letter, which it seems constitutes a part of my crim- 
inality- Perhaps I am blinded by self-prejudice, but I con- 
fess, so far from this letter appearing to me in a criminal 
light, that I cannot help being persuaded that there is 
scarcely, or not a single member of this Court, who would 
in similar circumstances have been more moderate. 

But here I must, in justice to his Excellency, observe, 
that when I imputed his conduct towards me, to misrepre- 



237 



sentation and misinformation, I was ignorant of a third cir- 
cumstance. I was ignorant of it at the time I wrote those 
letters, and I protest solemnly, 1 was ignorant of it till long 
after this Court-Martial sat ; I mean the filing off of part of 
the troops of my detachment heyond the eminence proposed 
for my position ; these the General met in his march from 
English-Town, and hastily concluded, I must be void of all 
attention ; but that this was contrary to my intention and 
orders, has been repeatedly observed, and is what 1 think 
myself by no means responsible, for the reasons already 
given. Now, had his Excellency fortunately have called 
me to him, everything, I make no doubt, would have been 
settled and explained to his satisfaction, and I am convinced 
this unhappy business would never have fallen out. 

I have now, gentlemen, endeavored to exculpate myself 
from the two first charges brought against me, I hope effec- 
tually. The last must be judged of by your feeling and 
the depending circumstances ; I am so conscious in my own 
mind, that my conduct through the whole of this affair has 
been irreproachable, and have so great reliance on the can- 
dor, good sense and integrity of the gentlemen who sit in 
judgment upon me, that as far as my own personal fame and 
fortunes are concerned, I am perfectly at ease ; but, as a 
public man, my uneasiness is very great, as I cannot help 
thinking, that the least appearance of dissension, animosity, 
or even of misunderstanding, betwixt men of so high rank 
amongst those engaged in the most righteous cause that 
ever mortals were engaged in, is a misfortune to the com- 
munity and some sort to humanity ; but I console myself 
with this reflection, that this appearance, which at another 
period might have been attended with the worst conse- 



238 



quences, can now at the utmost only afford poor temporary 
matter of sneer and exultation to the enemies of America, 
of Liberty, and in fact the Rights of Mankind. 

The Court adjourns till nine o'clock to-morrow morning. 

AUGUST 10th. 

The Court met according to adjournment, and adjourns till 
to-morrow at nine o'clock. 

AUGUST 11th. 

The Court met according to adjournment, aud adjourns till 
to-morrow at ten o'clock. 

AUGUST 12th. 

The Court met according to adjournment. 

The Court having considered the first charge against 
Major-General Lee, the evidence and his defence, are of 
opinion, that he is guilty of disobedience of orders, in not 
attacking the enemy on the 28th of dune, agreeable to re- 
peated instructions; being a breach of the latter part of 
article 5th, section 2d of the Articles of War. The Court 
having considered the second charge against Major-General 
Lee, the evidence and his defence, are of opinion, he is 
guilty of misbehavior before the enemy on the 28th of June, 
by making ;1 n unnecessary, and in some few instances, a 
disorderly retreat; being a breach of the 13th article of 
the 13th section of the Articles of War. The Court having 
considered the third charge against Major-General bee, are 
of opinion, that he is guilty of disrespect to the Commander- 
in-Chief in two letters dated the 1st of July and the 28th 



239 

of June ; being a breach of the 2d article, section 2d of the 
Articles of War. 

The Court do sentence Major-General Lee to be sus- 
pended from any command in the armies of the United 
States of North America, for the term of twelve months. 

The Court adjourn without day. 

STIRLING, M. G. and President. 












































































































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